Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results of the Antidumping Duty Administrative Review and New Shipper Reviews, 11349-11351 [E9-5744]
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Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Notices
ITC of the margins likely to prevail were
the order revoked. See Barium
Carbonate from the People’s Republic of
China: Final Results of the Expedited
Sunset Review of the Antidumping Duty
Order, 74 FR 882 (January 9, 2009). On
January 21, 2009, the ITC determined,
pursuant to section 751(c) of the Act,
that revocation of the AD order on
barium carbonate from the PRC would
likely lead to continuation or recurrence
of material injury to an industry in the
United States within a reasonably
foreseeable time. See Barium Carbonate
From China, 74 FR 10278 (March 10,
2000); and Barium Carbonate from
China: Investigation No. 731–TA–1020
(Review), ITC Publication 4060 (January
2009).
Scope of the Order
The merchandise covered by this
order is barium carbonate, regardless of
form or grade. The product is currently
classifiable under subheading
2836.60.0000 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the scope of this
proceeding is dispositive.
dwashington3 on PROD1PC60 with NOTICES
Continuation of Order
As a result of the determinations by
the Department and the ITC that
revocation of the AD order on barium
carbonate from the PRC would likely
lead to continuation or recurrence of
dumping and material injury to an
industry in the United States, pursuant
to section 751(d)(2) of the Act, the
Department hereby orders the
continuation of the AD order on barium
carbonate from the PRC. U.S. Customs
and Border Protection will continue to
collect AD cash deposits at the rates in
effect at the time of entry for all imports
of subject merchandise. This review
covers imports from all manufacturers
and exporters of barium carbonate from
the PRC.
The effective date of continuation of
this AD order will be the date of
publication in the Federal Register of
this notice. Pursuant to section 751(c)(2)
of the Act, the Department intends to
initiate the next five-year review of
these orders not later than February
2013. See also 19 CFR 351.218(c)(2).
This five-year (‘‘sunset’’) review and
notice are in accordance with section
751(c) of the Act and published
pursuant to section 777(i)(1) of the Act.
VerDate Nov<24>2008
13:44 Mar 16, 2009
Jkt 217001
Dated: March 10, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. E9–5743 Filed 3–16–09; 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 the Antidumping Duty
Administrative Review and New
Shipper Reviews
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting an
administrative review and two new
shipper reviews of the antidumping
duty order on certain frozen fish fillets
from the Socialist Republic of Vietnam
(‘‘Vietnam’’). See Notice of
Antidumping Duty Order: Certain
Frozen Fish Fillets from the Socialist
Republic of Vietnam, 68 FR 47909
(August 12, 2003) (‘‘Order’’). The
administrative review and new shipper
reviews includes three companies,
including QVD Food Company Ltd.
(‘‘QVD’’), the mandatory respondent,
and the two new shipper review
companies are Binh An Seafood Joint
Stock Co. (‘‘Binh An’’) and Southern
Fishery Industries Company, Ltd.
(‘‘South Vina’’). We preliminarily found
that Binh An and QVD did not sell
subject merchandise at less than normal
value (‘‘NV’’) and thus received zero
margins during the period of review
(‘‘POR’’), August 1, 2006, through July
31, 2007. We also preliminarily
rescinded South Vina. See Certain
Frozen Fish Fillets From the Socialist
Republic of Vietnam: Notice of
Preliminary Results of the New Shipper
Review and Fourth Antidumping Duty
Administrative Review and Partial
Rescission of the Fourth Administrative
Review, 73 FR 52015 (September 8,
2008) (‘‘Preliminary Results’’). We
conducted verifications of Binh An and
South Vina and subsequently issued a
post-preliminary calculation for South
Vina. See New Shipper Review of
Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: PostPreliminary Results Analysis for
Southern Fishery Industries Co., Ltd.
dated January 13, 2009. We gave
interested parties an opportunity to
comment on the Preliminary Results
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11349
and the Post-preliminary results for
South Vina. Based upon our analysis of
the comments and information received,
we made changes to the dumping
margin calculations for the final results.
See Memorandum to the File from Alan
Ray, Case Analyst, through Alex
Villanueva, Program Manager, Final
Results Analysis for QVD and its
Affiliates (March 9, 2009);
Memorandum to the File from Matthew
Renkey, Senior Case Analyst, through
Alex Villanueva, Program Manager,
Final Results Analysis for Binh An
Seafood Joint Stock Company (‘‘Binh
An’’) (March 9, 2009); and
Memorandum to the File from Javier
Barrientos, Senior Case Analyst, through
Alex Villanueva, Program Manager,
Final Results Analysis for Southern
Fishery Industries Co., Ltd. (‘‘South
Vina’’) (March 9, 2009). The final
dumping margins are listed below in the
section entitled ‘‘Final Results of the
Reviews.’’
DATES: Effective Date: March 17, 2009.
FOR FURTHER INFORMATION CONTACT:
Alan Ray or Javier Barrientos, 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) 482–5403 and (202)
482–2243, respectively.
SUPPLEMENTARY INFORMATION:
Case History
On September 8, 2008, the
Department published in the Federal
Register the preliminary results of this
new shipper and administrative review
of the antidumping duty order on
certain frozen fish fillets from Vietnam.
Since the Preliminary Results, the
following events have occurred.
From September 17–19, 2008, the
Department conducted the verification
of Binh An Binh An in Can Tho City,
Vietnam. From September 22–24, 2008,
the Department verified South Vina in
Can Tho City, Vietnam.
South Vina and An Xuyen Company
Ltd. (‘‘An Xuyen’’) submitted case briefs
on January 5 and 23, 2009, respectively.
On February 3, 2009, Petitioners, Catfish
Farmers of America and individual U.S.
catfish processors, and QVD Food
Company (‘‘QVD’’) submitted case
briefs. On February 10, 2009,
Petitioners, South Vina, Binh An, and
QVD submitted rebuttal briefs.
On October 20, 2008, the Department
extended the time limit for completion
of the final results of this administrative
review by 60 days. See Certain Frozen
Fish Fillets from the Socialist Republic
of Vietnam: Extension of Time Limit for
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11350
Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Notices
Final Results of the New Shipper and
Fourth Antidumping Duty
Administrative Review, 73 FR 63435
(October 24, 2008).
On February 25, 2009, the Department
conducted a public and a closed
hearing. On March 3, 2009, the
Department placed additional
information on the record. Petitioners
and QVD submitted comments
regarding this additional information on
March 5, 2009.
Scope of the Order
The product covered by the 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
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 The 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.
dwashington3 on PROD1PC60 with NOTICES
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
1 Until July, 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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13:44 Mar 16, 2009
Jkt 217001
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 Web site at
https://ia.ita.doc.gov/. The paper copy
and electronic version of the Final
Decision Memo are identical in content.
from the Socialist Republic of Vietnam:
Surrogate Values for the Final Results.
Final Results of the Reviews
The weighted-average dumping
margins for the POR are as follows:
CERTAIN FROZEN FISH FILLETS FROM
VIETNAM
Manufacturer/exporter
QVD 2 ........................................
South Vina ................................
Binh An .....................................
Agifish 3 .....................................
Anvifish 3 ...................................
Vietnam-Wide Entity 4 ...............
Weightedaverage
margin
0.52
0.00
0.00
0.52
0.52
63.88
Verification
As provided in section 782(i) of the
Tariff Act, as amended (‘‘Act’’), we
conducted verification of the
information submitted by Binh An and
South Vina for use in our final results.
See Memorandum to the File, through
Alex Villanueva, Program Manager, AD/
CVD Operations, Office 9, from Matthew
Renkey, Senior Case Analyst, AD/CVD
Operations, Office 9, Certain Frozen
Fish Fillets from the Socialist Republic
of Vietnam: Verification of Binh An
Seafood Joint Stock Company, dated
December 9, 2008 and Memorandum to
the File, through Alex Villanueva,
Program Manager, AD/CVD Operations,
Office 9, from Javier Barrientos, Senior
Case Analyst, AD/CVD Operations,
Office 9, Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam:
Verification of Southern Fishery
Industries Co., Ltd., dated December 10,
2008. 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, South Vina, and
Binh An for the final results. For all
changes to the calculations of QVD,
Binh An and South Vina, see the Final
Decision Memo and company specific
analysis memoranda. For changes to the
surrogate values see Memorandum to
the File, through Alex Villanueva,
Program Manager, AC/CVD Operations,
Office 9, from Alan Ray, case analyst,
AD/CVD Operations, Office 9, New
Shipper Review and Fourth
Antidumping Duty Administrative
Review of Certain Frozen Fish Fillets
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
Assessment
The Department will determine, and
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
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 these administrative and new
shipper reviews.
Cash Deposit Requirements
The following cash-deposit
requirements will be effective upon
publication of the final results of these
administrative and new shipper reviews
for all shipments of the subject
merchandise entered, or withdrawn
2 This rate is applicable to the QVD Single Entity
which includes QVD, QVD Dong Thap, and Thuan
Hung Co. Ltd.
3 For the exporters subject to review that are
determined to be eligible for separate-rate status,
but were not selected as mandatory respondents,
the Department normally establishes a weightedaverage margin based on an average of the rates it
calculated for the mandatory respondents,
excluding any rates that are zero, de minimis, or
based entirely on facts available. In this proceeding,
there is only one such mandatory respondent, QVD.
Accordingly, the rate calculated for QVD is applied
as the rate for Agifish and Anvifish.
4 This includes An Xuyen.
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Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Notices
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 less than fair value
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 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.
dwashington3 on PROD1PC60 with NOTICES
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 the
final results of these administrative and
new shipper reviews and notice in
accordance with sections 751(a)(1) and
(2) and 777(i) of the Act.
VerDate Nov<24>2008
13:44 Mar 16, 2009
Jkt 217001
Dated: March 9, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
Appendix I—Decision Memorandum
COMMENT 1: SURROGATE FINANCIAL
RATIOS
A. Bionic 5
B. Gemini 6
COMMENT 2: SURROGATE VALUE FOR
WHOLE LIVE FISH
COMMENT 3: SURROGATE VALUE FOR
BROKEN FILLETS
COMMENT 4: INFLATORS FOR CERTAIN
FACTORS OF PRODUCTION
COMMENT 5: QVD
A. QVD’S U.S. SALES DATA
B. INTERNATIONAL FREIGHT
CALCULATION
C. DUTY ABSORPTION
D. COLLAPSING QVD/DONG THAP AND
THUAN HUNG
E. LABELS SURROGATE VALUE
F. DIESEL FUEL SURROGATE VALUE
COMMENT 6: AGIFISH SEPARATE RATE
MARGIN
COMMENT 7: AN XUYEN SEPARATE RATE
MARGIN
COMMENT 8: SOUTH VINA
A. BONA FIDE SALES
B. SURROGATE VALUE FOR
HYDRATECH
C. SURROGATE VALUE FOR WHITECH
COMMENT 9: BINH AN
A. BONA FIDE SALES
B. INTERNATIONAL FREIGHT
C. DIESEL
D. ELECTRICITY
[FR Doc. E9–5744 Filed 3–16–09; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–930
Antidumping Duty Order: Circular
Welded Austenitic Stainless Pressure
Pipe from the People’s Republic of
China
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 17, 2009.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the ‘‘Department’’) and the
International Trade Commission
(‘‘ITC’’), the Department is issuing an
antidumping duty order on circular
welded austenitic stainless pressure
pipe from the People’s Republic of
China (‘‘PRC’’).
FOR FURTHER INFORMATION CONTACT:
Melissa Blackledge or Howard Smith,
AD/CVD Operations, Office 4, Import
5 Bionic
Sea Food (‘‘Bionic’’).
Sea Food Ltd. (‘‘Gemini’’).
6 Gemini
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11351
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC, 20230;
telephone: (202) 482–3518 and 482–
5193, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d)
and 777(i)(1) of the Tariff Act of 1930,
as amended (the ‘‘Act’’), on January 28,
2009, the Department published its final
determination in the antidumping duty
investigation of circular welded
austenitic stainless pressure pipe from
the PRC. See Circular Welded Austenitic
Stainless Pressure Pipe from the
People’s Republic of China: Final
Determination of Sales at Less Than
Fair Value, 74 FR 4913 (January 28,
2009). On March 12, 2009, the ITC
notified the Department of its
affirmative final determination of
material injury to a U.S. industry. See
Welded Stainless Steel Pressure Pipe
from China, Investigation Nos. 701–TA–
454 and 731–TA–1144 (Final), USITC
Publication, 4064 (March 2009).
Scope of the Order
The merchandise covered by this
order is circular welded austenitic
stainless pressure pipe not greater than
14 inches in outside diameter. This
merchandise includes, but is not limited
to, the American Society for Testing and
Materials (‘‘ASTM’’) A–312 or ASTM
A–778 specifications, or comparable
domestic or foreign specifications.
ASTM A–358 products are only
included when they are produced to
meet ASTM A–312 or ASTM A–778
specifications, or comparable domestic
or foreign specifications. Excluded from
the scope are: (1) welded stainless
mechanical tubing, meeting ASTM A–
554 or comparable domestic or foreign
specifications; (2) boiler, heat
exchanger, superheater, refining
furnace, feedwater heater, and
condenser tubing, meeting ASTM A–
249, ASTM A–688 or comparable
domestic or foreign specifications; and
(3) specialized tubing, meeting ASTM
A–269, ASTM A–270 or comparable
domestic or foreign specifications.
The subject imports are normally
classified in subheadings 7306.40.5005;
7306.40.5040, 7306.40.5062,
7306.40.5064, and 7306.40.5085 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’). They may
also enter under HTSUS subheadings
7306.40.1010; 7306.40.1015;
7306.40.5042, 7306.40.5044,
7306.40.5080, and 7306.40.5090. The
HTSUS subheadings are provided for
convenience and customs purposes
E:\FR\FM\17MRN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 50 (Tuesday, March 17, 2009)]
[Notices]
[Pages 11349-11351]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5744]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Final Results of the Antidumping Duty Administrative Review
and New Shipper Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting an
administrative review and two new shipper reviews of the antidumping
duty order on certain frozen fish fillets from the Socialist Republic
of Vietnam (``Vietnam''). See Notice of Antidumping Duty Order: Certain
Frozen Fish Fillets from the Socialist Republic of Vietnam, 68 FR 47909
(August 12, 2003) (``Order''). The administrative review and new
shipper reviews includes three companies, including QVD Food Company
Ltd. (``QVD''), the mandatory respondent, and the two new shipper
review companies are Binh An Seafood Joint Stock Co. (``Binh An'') and
Southern Fishery Industries Company, Ltd. (``South Vina''). We
preliminarily found that Binh An and QVD did not sell subject
merchandise at less than normal value (``NV'') and thus received zero
margins during the period of review (``POR''), August 1, 2006, through
July 31, 2007. We also preliminarily rescinded South Vina. See Certain
Frozen Fish Fillets From the Socialist Republic of Vietnam: Notice of
Preliminary Results of the New Shipper Review and Fourth Antidumping
Duty Administrative Review and Partial Rescission of the Fourth
Administrative Review, 73 FR 52015 (September 8, 2008) (``Preliminary
Results''). We conducted verifications of Binh An and South Vina and
subsequently issued a post-preliminary calculation for South Vina. See
New Shipper Review of Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Post-Preliminary Results Analysis for Southern
Fishery Industries Co., Ltd. dated January 13, 2009. We gave interested
parties an opportunity to comment on the Preliminary Results and the
Post-preliminary results for South Vina. Based upon our analysis of the
comments and information received, we made changes to the dumping
margin calculations for the final results. See Memorandum to the File
from Alan Ray, Case Analyst, through Alex Villanueva, Program Manager,
Final Results Analysis for QVD and its Affiliates (March 9, 2009);
Memorandum to the File from Matthew Renkey, Senior Case Analyst,
through Alex Villanueva, Program Manager, Final Results Analysis for
Binh An Seafood Joint Stock Company (``Binh An'') (March 9, 2009); and
Memorandum to the File from Javier Barrientos, Senior Case Analyst,
through Alex Villanueva, Program Manager, Final Results Analysis for
Southern Fishery Industries Co., Ltd. (``South Vina'') (March 9, 2009).
The final dumping margins are listed below in the section entitled
``Final Results of the Reviews.''
DATES: Effective Date: March 17, 2009.
FOR FURTHER INFORMATION CONTACT: Alan Ray or Javier Barrientos, 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-
5403 and (202) 482-2243, respectively.
SUPPLEMENTARY INFORMATION:
Case History
On September 8, 2008, the Department published in the Federal
Register the preliminary results of this new shipper and administrative
review of the antidumping duty order on certain frozen fish fillets
from Vietnam. Since the Preliminary Results, the following events have
occurred.
From September 17-19, 2008, the Department conducted the
verification of Binh An Binh An in Can Tho City, Vietnam. From
September 22-24, 2008, the Department verified South Vina in Can Tho
City, Vietnam.
South Vina and An Xuyen Company Ltd. (``An Xuyen'') submitted case
briefs on January 5 and 23, 2009, respectively. On February 3, 2009,
Petitioners, Catfish Farmers of America and individual U.S. catfish
processors, and QVD Food Company (``QVD'') submitted case briefs. On
February 10, 2009, Petitioners, South Vina, Binh An, and QVD submitted
rebuttal briefs.
On October 20, 2008, the Department extended the time limit for
completion of the final results of this administrative review by 60
days. See Certain Frozen Fish Fillets from the Socialist Republic of
Vietnam: Extension of Time Limit for
[[Page 11350]]
Final Results of the New Shipper and Fourth Antidumping Duty
Administrative Review, 73 FR 63435 (October 24, 2008).
On February 25, 2009, the Department conducted a public and a
closed hearing. On March 3, 2009, the Department placed additional
information on the record. Petitioners and QVD submitted comments
regarding this additional information on March 5, 2009.
Scope of the Order
The product covered by the 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\ The
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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\1\ Until July, 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 Web
site 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 Tariff Act, as amended
(``Act''), we conducted verification of the information submitted by
Binh An and South Vina for use in our final results. See Memorandum to
the File, through Alex Villanueva, Program Manager, AD/CVD Operations,
Office 9, from Matthew Renkey, Senior Case Analyst, AD/CVD Operations,
Office 9, Certain Frozen Fish Fillets from the Socialist Republic of
Vietnam: Verification of Binh An Seafood Joint Stock Company, dated
December 9, 2008 and Memorandum to the File, through Alex Villanueva,
Program Manager, AD/CVD Operations, Office 9, from Javier Barrientos,
Senior Case Analyst, AD/CVD Operations, Office 9, Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam: Verification of
Southern Fishery Industries Co., Ltd., dated December 10, 2008. 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, South Vina, and Binh An for the final
results. For all changes to the calculations of QVD, Binh An and South
Vina, see the Final Decision Memo and company specific analysis
memoranda. For changes to the surrogate values see Memorandum to the
File, through Alex Villanueva, Program Manager, AC/CVD Operations,
Office 9, from Alan Ray, case analyst, AD/CVD Operations, Office 9, New
Shipper Review and Fourth Antidumping Duty Administrative Review of
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam:
Surrogate Values for the Final Results.
Final Results of the Reviews
The weighted-average dumping margins for the POR are as follows:
Certain Frozen Fish Fillets From Vietnam
------------------------------------------------------------------------
Weighted-
Manufacturer/exporter average
margin
------------------------------------------------------------------------
QVD \2\.................................................... 0.52
South Vina................................................. 0.00
Binh An.................................................... 0.00
Agifish \3\................................................ 0.52
Anvifish \3\............................................... 0.52
Vietnam-Wide Entity \4\.................................... 63.88
------------------------------------------------------------------------
Assessment
The Department will determine, and 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 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 these administrative and new
shipper reviews.
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\2\ This rate is applicable to the QVD Single Entity which
includes QVD, QVD Dong Thap, and Thuan Hung Co. Ltd.
\3\ For the exporters subject to review that are determined to
be eligible for separate-rate status, but were not selected as
mandatory respondents, the Department normally establishes a
weighted-average margin based on an average of the rates it
calculated for the mandatory respondents, excluding any rates that
are zero, de minimis, or based entirely on facts available. In this
proceeding, there is only one such mandatory respondent, QVD.
Accordingly, the rate calculated for QVD is applied as the rate for
Agifish and Anvifish.
\4\ This includes An Xuyen.
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Cash Deposit Requirements
The following cash-deposit requirements will be effective upon
publication of the final results of these administrative and new
shipper reviews for all shipments of the subject merchandise entered,
or withdrawn
[[Page 11351]]
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 less
than fair value 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 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 the final results of these
administrative and new shipper reviews and notice in accordance with
sections 751(a)(1) and (2) and 777(i) of the Act.
Dated: March 9, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix I--Decision Memorandum
COMMENT 1: SURROGATE FINANCIAL RATIOS
A. Bionic \5\
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\5\ Bionic Sea Food (``Bionic'').
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B. Gemini \6\
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\6\ Gemini Sea Food Ltd. (``Gemini'').
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COMMENT 2: SURROGATE VALUE FOR WHOLE LIVE FISH
COMMENT 3: SURROGATE VALUE FOR BROKEN FILLETS
COMMENT 4: INFLATORS FOR CERTAIN FACTORS OF PRODUCTION
COMMENT 5: QVD
A. QVD'S U.S. SALES DATA
B. INTERNATIONAL FREIGHT CALCULATION
C. DUTY ABSORPTION
D. COLLAPSING QVD/DONG THAP AND THUAN HUNG
E. LABELS SURROGATE VALUE
F. DIESEL FUEL SURROGATE VALUE
COMMENT 6: AGIFISH SEPARATE RATE MARGIN
COMMENT 7: AN XUYEN SEPARATE RATE MARGIN
COMMENT 8: SOUTH VINA
A. BONA FIDE SALES
B. SURROGATE VALUE FOR HYDRATECH
C. SURROGATE VALUE FOR WHITECH
COMMENT 9: BINH AN
A. BONA FIDE SALES
B. INTERNATIONAL FREIGHT
C. DIESEL
D. ELECTRICITY
[FR Doc. E9-5744 Filed 3-16-09; 8:45 am]
BILLING CODE 3510-DS-P
