Amended Final Results of Antidumping Duty New Shipper Review: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 47884-47885 [E8-18948]

Download as PDF 47884 Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Notices at http://ia.ita.doc.gov/remands/06– 19.pdf. The results of redetermination affected only the calculation of the antidumping margin for Koyo Seiko. On October 23, 2006, the CIT affirmed the Department’s final results of remand redetermination. See NSK Ltd. v. United States, 462 F. Supp. 2d 1254 (CIT 2006). Koyo Seiko, NSK, and NTN appealed the portion of the CIT’s decision in which it sustained the Department’s treatment of non–dumped sales. Also, Koyo Seiko appealed the Department’s treatment of Koyo Seiko’s lump–sum billing adjustments, NSK appealed the Department’s decision to consider changing its model–match methodology for future reviews, and NTN appealed the Department’s inclusion of high– profit sales in its calculation of normal value. On December 14, 2007, the CAFC affirmed the CIT’s decision. See NSK Ltd. v. United States, 510 F.3d 1375 (CAFC 2007). Koyo Seiko filed a petition for panel rehearing and for rehearing en banc with the CAFC, which was denied on March 12, 2008. Because the period in which to file a petition for writ of certiorari with the United States Supreme Court has ended and no party filed the same, there is now a final and conclusive court decision in this case. Amendment to Final Results mstockstill on PROD1PC66 with NOTICES We are now amending the final results of this review to reflect the final and conclusive decision in this case. Our revised calculations for Koyo Seiko changed the weighted–average margin for ball bearings and parts thereof from Japan from 5.56 percent to 5.55 percent for the period May 1, 2002, through April 30, 2003. The Department will instruct CBP to liquidate entries of ball bearings and parts thereof from Japan exported by Koyo Seiko during the review period in accordance with these amended final results of review. We intend to issue the assessment instructions to CBP 15 days after the date of publication of these amended final results of review. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended. Dated: August 8, 2008. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–18942 Filed 8–14–08; 8:45 am] BILLING CODE 3510–DS–S VerDate Aug<31>2005 19:03 Aug 14, 2008 Jkt 214001 DEPARTMENT OF COMMERCE International Trade Administration [A–552–801] Amended Final Results of Antidumping Duty New Shipper Review: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: August 15, 2008. FOR FURTHER INFORMATION CONTACT: Matthew Renkey, 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) 482–2312. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 30, 2008, the Department of Commerce (‘‘Department’’) published in the Federal Register the final results of the new shipper reviews 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: Final Results and Partial Rescission of New Shipper Reviews, 73 FR 36840 (June 30, 2008) (‘‘Final Results’’) and accompanying Issues and Decision Memorandum. The period of review (‘‘POR’’) covered August 1, 2006, through January 1, 2007. On July 3, 2008, Anvifish filed a timely ministerial error allegation with respect to the Department’s antidumping duty margin calculation in the Final Results. No other party filed ministerial error comments or rebuttal comments. 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 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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 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’’).1 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. Ministerial Errors A ministerial error is defined in section 751(h) of the Act and further clarified in 19 CFR 351.224(f) as ‘‘an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.’’ Anvifish contends that the Department’s margin calculation program contains a ministerial error in the deduction for port electricity charges. Based on verification, we noted that for one of the shipments to its affiliated U.S. customer, Anvifish incurred additional electricity charges at the port. Anvifish states that in the Final Results, the deduction for port electricity charges was calculated incorrectly using the individual quantities of the CEP sales observations as the denominator, whereas the denominator should actually be the total quantity of all CEP sales made from that shipment. After analyzing Anvifish’s comments, we have determined, in accordance with 19 CFR 351.224(e), that a ministerial error was made. Specifically, we agree with Anvifish that we used the incorrect denominator for the port electricity deduction. The language in the margin 1 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. E:\FR\FM\15AUN1.SGM 15AUN1 Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Notices calculation program for the Final Results inadvertently used the quantities of the individual CEP sales, rather than the total quantity of all CEP sales that Anvifish’s affiliated U.S. customer made from the affected shipment. The specific calculation change to correct this ministerial error can be found in the ‘‘Memorandum to the File, through Alex Villanueva, Program Manager, Office 9, Import Administration, from Matthew Renkey, Senior Analyst, Office 9, Subject: Amended Final Results Analysis for Anvifish Co., Ltd.,’’ (August 6, 2008) (‘‘Amended Final Results Analysis Memo’’). The Amended Final Results Analysis Memo is on file in the Central Records Unit, room 1117 at the Department’s headquarters. Therefore, in accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the Final Results of Anvifish’s new shipper review of certain frozen fish fillets from Vietnam. The revised final weighted–average dumping margin for Anvifish is as follows: entries of subject merchandise without regard to antidumping duties that are entered, or withdrawn from warehouse, for consumption on or after June 30, 2008, and to grant a refund for any overcollection on such entries if the importer makes such a request pursuant to 19 USC 1520(a)(4). See 19 CFR 351.106(c)(2). These amended final results are published in accordance with sections 751(h) and 777(i)(1) of the Act. Dated: August 6, 2008. David A. Spooner, Assistant Secretary for Import Administration. [FR Doc. E8–18948 Filed 8–14–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–552–801] Notice of Amended Final Results of Third Antidumping Duty Administrative Review: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam CERTAIN FROZEN FISH FILLETS FROM VIETNAM - WEIGHTED–AVERAGE AGENCY: Import Administration, International Trade Administration, DUMPING MARGINS Department of Commerce. On March 24, 2008, the Department of Commerce (the ‘‘Department’’) published in the Federal Anvifish Co., Ltd. .......... 0.00 % Register the final results of the third administrative review of the Cash Deposit Requirements antidumping duty order on certain This cash deposit rate will be effective frozen fish fillets from the Socialist retroactively on any entries made on or Republic of Vietnam (‘‘Vietnam’’). See after June 30, 2008, for all shipments of Certain Frozen Fish Fillets From the the subject merchandise entered, or Socialist Republic of Vietnam: Final withdrawn from warehouse, for Results of Antidumping Duty consumption as provided for by section Administrative Review and Partial 751(a)(2)(C) of the Act: (1) for subject Rescission, 73 FR 15479 (March 24, merchandise produced and exported by 2008) (‘‘Final Results’’). The period of Anvifish, no cash deposit will be review (‘‘POR’’) covered August 1, 2005, required; (2) for subject merchandise through July 31, 2006. We are amending exported by Anvifish, but not our Final Results to correct ministerial manufactured by Anvifish, the cash errors made in the calculation of the deposit rate will continue to be the antidumping duty margins for of East Vietnam–wide rate (i.e., 63.88 percent); Sea Seafoods Joint Venture Co., Ltd. and (3) for subject merchandise (‘‘ESS’’), Can Tho Agricultural and manufactured by Anvifish, but exported Animal Products Import Export by any other party, the cash deposit rate Company (‘‘CATACO’’), and QVD Food will be the rate applicable to the Company (‘‘QVD’’) pursuant to section exporter. These cash deposit 751(h) of the Tariff Act of 1930, as requirement will remain in effect until amended (the ‘‘Act’’) and an order from further notice. the Court of International Trade (‘‘CIT’’). See Catfish Farmers of America v. Assessment United States, Consol Court No. 08– The Department intends to issue 00111, (CIT July 22, 2008) (‘‘CIT assessment instructions to CBP 15 days Order’’). after the publication date of these EFFECTIVE DATE: August 15, 2008. amended final results of review. Where an importer (or customer)-specific per– FOR FURTHER INFORMATION CONTACT: Alex unit rate is zero or de minimis, we will Villanueva, AD/CVD Operations, Office instruct CBP to liquidate appropriate 9, Import Administration, International mstockstill on PROD1PC66 with NOTICES Manufacturer/Exporter VerDate Aug<31>2005 Weighted–Average Deposit Rate 19:03 Aug 14, 2008 Jkt 214001 SUMMARY: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 47885 Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3208. SUPPLEMENTARY INFORMATION: Background 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 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’’). On March 24, 2008, the Department published the Final Results in this administrative review. On March 24, 2008, ESS and the Catfish Farmers of America and individual U.S. catfish processors (‘‘Petitioners’’) filed timely allegations that the Department made ministerial errors in the Final Results. On March 25, 2008, QVD filed timely allegations that the Department made ministerial errors in the Final Results. On March 31, 2008, the Petitioners submitted rebuttal comments to QVD’s March 25, 2008, ministerial error allegations. Following the publication of the Final Results, parties appealed certain aspects of the Department’s Final Results with the CIT. Upon request by the Department, the CIT granted a consent motion for leave to (i) correct certain ministerial errors in calculation of the final antidumping duty margin in the Final Results, (ii) recalculate the antidumping margins accordingly, and (iii) issue and publish the amended final results on or before August 15, 2008. See CIT Order. Scope of 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 E:\FR\FM\15AUN1.SGM 15AUN1

Agencies

[Federal Register Volume 73, Number 159 (Friday, August 15, 2008)]
[Notices]
[Pages 47884-47885]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18948]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Amended Final Results of Antidumping Duty New Shipper Review: 
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: August 15, 2008.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey, 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) 482-2312.

SUPPLEMENTARY INFORMATION:

Background

    On June 30, 2008, the Department of Commerce (``Department'') 
published in the Federal Register the final results of the new shipper 
reviews 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: Final 
Results and Partial Rescission of New Shipper Reviews, 73 FR 36840 
(June 30, 2008) (``Final Results'') and accompanying Issues and 
Decision Memorandum. The period of review (``POR'') covered August 1, 
2006, through January 1, 2007. On July 3, 2008, Anvifish filed a timely 
ministerial error allegation with respect to the Department's 
antidumping duty margin calculation in the Final Results. No other 
party filed ministerial error comments or rebuttal comments.

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'').\1\ 
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\ 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.
---------------------------------------------------------------------------

Ministerial Errors

    A ministerial error is defined in section 751(h) of the Act and 
further clarified in 19 CFR 351.224(f) as ``an error in addition, 
subtraction, or other arithmetic function, clerical error resulting 
from inaccurate copying, duplication, or the like, and any other 
similar type of unintentional error which the Secretary considers 
ministerial.'' Anvifish contends that the Department's margin 
calculation program contains a ministerial error in the deduction for 
port electricity charges. Based on verification, we noted that for one 
of the shipments to its affiliated U.S. customer, Anvifish incurred 
additional electricity charges at the port. Anvifish states that in the 
Final Results, the deduction for port electricity charges was 
calculated incorrectly using the individual quantities of the CEP sales 
observations as the denominator, whereas the denominator should 
actually be the total quantity of all CEP sales made from that 
shipment.
    After analyzing Anvifish's comments, we have determined, in 
accordance with 19 CFR 351.224(e), that a ministerial error was made. 
Specifically, we agree with Anvifish that we used the incorrect 
denominator for the port electricity deduction. The language in the 
margin

[[Page 47885]]

calculation program for the Final Results inadvertently used the 
quantities of the individual CEP sales, rather than the total quantity 
of all CEP sales that Anvifish's affiliated U.S. customer made from the 
affected shipment. The specific calculation change to correct this 
ministerial error can be found in the ``Memorandum to the File, through 
Alex Villanueva, Program Manager, Office 9, Import Administration, from 
Matthew Renkey, Senior Analyst, Office 9, Subject: Amended Final 
Results Analysis for Anvifish Co., Ltd.,'' (August 6, 2008) (``Amended 
Final Results Analysis Memo''). The Amended Final Results Analysis Memo 
is on file in the Central Records Unit, room 1117 at the Department's 
headquarters.
    Therefore, in accordance with section 751(h) of the Act and 19 CFR 
351.224(e), we are amending the Final Results of Anvifish's new shipper 
review of certain frozen fish fillets from Vietnam. The revised final 
weighted-average dumping margin for Anvifish is as follows:

   Certain Frozen Fish Fillets from Vietnam - Weighted-Average Dumping
                                 Margins
------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                    Deposit Rate
------------------------------------------------------------------------
Anvifish Co., Ltd...................................              0.00 %
------------------------------------------------------------------------

Cash Deposit Requirements

    This cash deposit rate will be effective retroactively on any 
entries made on or after June 30, 2008, for all shipments of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption as provided for by section 751(a)(2)(C) of the Act: (1) for 
subject merchandise produced and exported by Anvifish, no cash deposit 
will be required; (2) for subject merchandise exported by Anvifish, but 
not manufactured by Anvifish, 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, 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.

Assessment

    The Department intends to issue assessment instructions to CBP 15 
days after the publication date of these amended final results of 
review. Where an importer (or customer)-specific per-unit rate is zero 
or de minimis, we will instruct CBP to liquidate appropriate entries of 
subject merchandise without regard to antidumping duties that are 
entered, or withdrawn from warehouse, for consumption on or after June 
30, 2008, and to grant a refund for any overcollection on such entries 
if the importer makes such a request pursuant to 19 USC 1520(a)(4). See 
19 CFR 351.106(c)(2).
    These amended final results are published in accordance with 
sections 751(h) and 777(i)(1) of the Act.

    Dated: August 6, 2008.
David A. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-18948 Filed 8-14-08; 8:45 am]
BILLING CODE 3510-DS-S