Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Amended Final Results of the Fourth Antidumping Duty Administrative Review, 17816-17817 [E9-8871]
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17816
Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Notices
Department returned the letter
requesting an administrative review to
Patagonik, stating that the request was
untimely and that the Department
would not initiate a review based on
this request. See Letter from the
Department of Commerce to Patagonik
S.A., dated January 23, 2009. On
February 23, 2009, Patagonik submitted
a letter requesting that the Department
reconsider its decision not to initiate a
review based on Patagonik’s request.
Patagonik provided information to the
Department indicating the reasons for
the untimely filing of the request. After
examining the information, the
Department again declined to initiate an
administrative review based on
Patagonik’s request. See Letter from the
Department of Commerce to Patagonik
S.A., dated March 17, 2009.
On March 6, 2009, petitioners timely
withdrew their requests for review of
the following companies: AGLH S.A.,
Algodonera Avellaneda S.A., Alimentos
Naturales–Natural Foods, Alma Pura,
Bomare S.A. (Bodegas Miguel
Armengol), Compania Apicola
Argentina S.A. and Mielar S.A.,
Compania Inversora Platense S.A., EL
Mana S.A., HoneyMax S.A.,
Interrupcion S.A., Miel Ceta SRL,
Patagonik S.A., Productos Afer S.A.,
Seabird Argentina S.A., and Seylinco
S.A.
mstockstill on PROD1PC66 with NOTICES
Scope of the Order
The merchandise covered by the order
is honey from Argentina. The products
covered are natural honey, artificial
honey containing more than 50 percent
natural honey by weight, preparations of
natural honey containing more than 50
percent natural honey by weight, and
flavored honey. The subject
merchandise includes all grades and
colors of honey whether in liquid,
creamed, comb, cut comb, or chunk
form, and whether packaged for retail or
in bulk form.
The merchandise under the scope of
the order is currently classifiable under
subheadings 0409.00.00, 1702.90.90,
and 2106.90.99 of the Harmonized
Tariff Schedule of the United States
(HTSUS). Although the HTSUS
subheadings are provided for
convenience and U.S. Customs and
Border Protection (CBP) purposes, the
Department’s written description of the
merchandise under this order is
dispositive.
Rescission, in Part, of Administrative
Review
Section 351.213(d)(1) of the
Department’s regulations provides that
the Department will rescind an
administrative review if the party that
VerDate Nov<24>2008
16:13 Apr 16, 2009
Jkt 217001
requested the review withdraws its
request for review within 90 days of the
date of publication of the notice of
initiation of the requested review, or
withdraws at a later date if the
Department determines it is reasonable
to extend the time limit for withdrawing
the request.
The petitioners timely withdrew their
requests for an administrative review
within the 90–day deadline for the
following companies: AGLH S.A.,
Algodonera Avellaneda S.A., Alimentos
Naturales–Natural Foods, Alma Pura,
Bomare S.A. (Bodegas Miguel
Armengol), Compania Apicola
Argentina S.A. and Mielar S.A.,
Compania Inversora Platense S.A., EL
Mana S.A., HoneyMax S.A.,
Interrupcion S.A., Miel Ceta SRL,
Patagonik S.A., Productos Afer S.A.,
Seabird Argentina S.A., and Seylinco
S.A. Because the petitioners were the
only party to request administrative
reviews of each of these companies, we
are rescinding the review with regard to
AGLH S.A., Algodonera Avellaneda
S.A., Alimentos Naturales–Natural
Foods, Alma Pura, Bomare S.A.
(Bodegas Miguel Armengol), Compania
Apicola Argentina S.A. and Mielar S.A.,
Compania Inversora Platense S.A., EL
Mana S.A., HoneyMax S.A.,
Interrupcion S.A., Miel Ceta SRL,
Patagonik S.A., Productos Afer S.A.,
Seabird Argentina S.A., and Seylinco
S.A.
The Department intends to issue
appropriate assessment instructions
directly to U.S. Customs and Border
Protection (CBP) 15 days after the
publication of this notice. The
Department will direct CBP to assess
antidumping duties for these companies
at the cash deposit rate in effect on the
date of entry for entries during the
period December 1, 2007, to November
30, 2008.
de Cooperativas Argentinas and Nexco
S.A.
Notification to Parties
This notice serves as a reminder to
importers of their responsibility under
section 351.402(f) of the Department’s
regulations to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this period of
time. Failure to comply with this
requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and subsequent assessment of
double antidumping duties.
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with section 351.305(a)(3) of the
Department’s regulations. Timely
written notification of the return or
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 sanctionable violation.
This notice is issued and published in
accordance with section 351.213(d)(4) of
the Department’s regulations and
sections 751(a)(1) and 777(i)(1) of the
Tariff Act of 1930, as amended.
Dated: April 9, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. E9–8864 Filed 4–16–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
Respondent Selection
A–552–801
On February 10, 2009, the Department
issued a respondent selection
memorandum containing import data
from proprietary CBP records for the
period December 1, 2007, to November
30, 2008. In the memorandum, the
Department stated that it intended to
limit the number of companies
examined in this period of review. As
petitioners have withdrawn their
request for 15 of the 17 companies listed
in the Initiation Notice, it is no longer
necessary to limit the number of
companies examined in this period of
review. Consequently, we will
individually examine the two remaining
companies for which an administrative
review has been requested: Asociacion
Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam:
Amended Final Results of the Fourth
Antidumping Duty Administrative
Review
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 17, 2009.
FOR FURTHER INFORMATION CONTACT:
Alan Ray, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, N.W.,
Washington, DC, 20230; telephone:
(202) 482–5403.
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Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Notices
SUPPLEMENTARY INFORMATION:
mstockstill on PROD1PC66 with NOTICES
Amendment to the Final Results:
In accordance with sections 751(h)
and 777(i)(1) of the Tariff Act of 1930,
as amended, (‘‘Act’’), on March 9, 2009,
the Department of Commerce
(‘‘Department’’) issued1 the final results
in the antidumping administrative
review of certain frozen fish fillets from
the Socialist Republic of Vietnam
(‘‘Vietnam’’). See Certain Frozen Fish
Fillets From the Socialist Republic of
Vietnam: Final Results of the
Antidumping Duty Administrative
Review and New Shipper Reviews, 74
FR 11349 (March 17, 2009) (‘‘Final
Results’’).
On March 17, 2009, Petitioners2 and
QVD Food Company Ltd. (‘‘QVD’’) filed
timely allegations that the Department
made various ministerial errors in the
Final Results and requested, pursuant to
19 CFR 351.224, that the Department
correct the alleged ministerial errors in
the calculation of the margins for QVD.
On March 23, 2009, Petitioners and
QVD filed rebuttal comments with
respect to these ministerial error
allegations. No other party in this
proceeding submitted comments on the
Department’s final margin calculations.
A ministerial error is defined as ‘‘an
error in addition, subtraction, or other
arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
§Department§ considers ministerial.’’
See section 751(h) of the Act; see also
19 CFR 351.224(f).
After analyzing all interested party
comments and rebuttals, we have
determined, in accordance with section
751(h) of the Act and 19 CFR 351.224(e),
that we made ministerial errors in our
calculations for the final results with
respect to QVD. For a detailed
discussion of these ministerial errors, as
well as the Department’s analysis of
these errors and other allegations raised,
see Memorandum to James C. Doyle,
Director, Office 9, through Alex
Villanueva, Program Manager, from
Alan Ray, Case Analyst: Antidumping
Duty Administrative Review of Certain
Frozen Fish Fillets from the Socialist
Republic of Vietnam: Analysis of
Ministerial Error Allegations, (April 8,
2009) (‘‘Ministerial Error Memo’’).
Additionally, in the Final Results, we
determined that several companies
qualified for a separate rate. See Final
Results at 11350. The separate rate was
1 The Department publically announced the final
results on March 10, 2009.
2 Catfish Farmers of America and individual U.S.
catfish processors.
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16:13 Apr 16, 2009
Jkt 217001
based on the margin for QVD, the only
mandatory respondent that received a
calculated margin. The margin for QVD
did not change following revisions
made to the Final Results. Accordingly
the margin for QVD and for the separate
companies remains at 0.52 percent.
Moreover, we note that the errors did
not affect the Vietnam–Wide entity rate,
and thus it will not be revised.
Therefore, in accordance with section
751(h) of the Act, we are amending the
final results in the antidumping duty
administrative review of certain frozen
fish fillets from the Vietnam. After
correcting these ministerial errors, the
final weighted–average dumping
margins remain as follows:
17817
deposit rate will continue to be the
exporter–specific rate published for the
most recent period; (3) for all
Vietnamese exporters of subject
merchandise, which have not been
found to be entitled to a separate rate,
the cash deposit rate will be the
Vietnam–wide rate of 63.88 percent; and
(4) for all non–Vietnamese exporters of
subject merchandise that have not
received their own rate, the cash deposit
rate will be the rate applicable to the
Vietnamese exporter that supplied that
non–Vietnamese exporter. These
deposit requirements shall remain in
effect until further notice. In the 2nd
administrative review, the Department
stated that we would collect cash
deposits and issue assessment
CERTAIN FROZEN FISH FILLETS FROM instructions on a per–unit basis. See
Certain Frozen Fish Fillets From the
VIETNAM
Socialist Republic of Vietnam: Final
Weighted-Average Results of the Second Administrative
Manufacturer/Exporter
Margin
Review, 72 FR 13242, 13244 (March 21,
2007). Therefore, we intend to issue
QVD3 ............................
0.52 %
Agifish4 .........................
0.52 % CBP instructions on that basis.
Anvifish4 ........................
0.52 % Notification of Interested Parties
Vietnam–Wide Entity5 ...
63.88 %
This notice also serves as a final
3 This rate is applicable to the QVD Single
reminder to importers of their
Entity which includes QVD, QVD Dong Thap,
responsibility under 19 CFR
and Thuan Hung Co. Ltd.
4 For the exporters subject to review that are
351.402(f)(2) to file a certificate
determined to be eligible for separate-rate sta- regarding the reimbursement of
tus, but were not selected as mandatory re- antidumping duties prior to liquidation
spondents, the Department normally establishes a weighted-average margin based on of the relevant entries during this
an average of the rates it calculated for the review period. Failure to comply with
mandatory respondents, excluding any rates this requirement could result in the
that are zero, de minimis, or based entirely on Secretary’s presumption that
facts available. In this proceeding, there is
only one such mandatory respondent, QVD. reimbursement of the antidumping
Accordingly, the rate calculated for QVD is ap- duties occurred and the subsequent
plied as the rate for Agifish and Anvifish.
assessment of double antidumping
5 This includes An Xuyen.
duties. This notice also serves as a
reminder to parties subject to
Assessment Rates
administrative protective orders
The Department intends to issue
(‘‘APOs’’) of their responsibility
assessment instructions to U.S. Customs concerning the return or destruction of
and Border Protection (‘‘CBP’’) 15 days
proprietary information disclosed under
after the date of publication of these
APO in accordance with 19 CFR
amended final results of review. In
351.305, which continues to govern
accordance with 19 CFR 351.212(b)(1),
business proprietary information in this
we have calculated importer–specific
segment of the proceeding. Timely
assessment rates for merchandise
written notification of the return/
subject to this review.
destruction of APO materials or
conversion to judicial protective order is
Cash Deposit Requirements
hereby requested. Failure to comply
The following deposit requirements
with the regulations and terms of an
will be effective retroactively on any
entries made on or after March 17, 2009, APO is a violation that is subject to
sanction.
the date of publication of the Final
We are issuing and publishing these
Results, for all shipments of subject
amended final results of review and
merchandise entered, or withdrawn
notice in accordance with sections
from warehouse, for consumption as
751(a) and 777(i) of the Act.
provided by section 751(a)(2)(C) of the
Dated: April 9, 2009.
Act: (1) for subject merchandise
Ronald K. Lorentzen,
exported by QVD, Agifish, or Anvifish
Acting Assistant Secretary for Import
the cash deposit rate will be 0.53% ad–
Administration.
valorem; (2) for previously reviewed or
[FR Doc. E9–8871 Filed 4–16–09; 8:45 am]
investigated exporters not listed above
that have separate rates, the cash
BILLING CODE 3510–DS–S
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
E:\FR\FM\17APN1.SGM
17APN1
]]>Agencies
[Federal Register Volume 74, Number 73 (Friday, April 17, 2009)]
[Notices]
[Pages 17816-17817]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8871]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-552-801
Certain Frozen Fish Fillets from the Socialist Republic of
Vietnam: Amended Final Results of the Fourth Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 17, 2009.
FOR FURTHER INFORMATION CONTACT: Alan Ray, AD/CVD Operations, Office 9,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington, DC, 20230; telephone: (202) 482-5403.
[[Page 17817]]
SUPPLEMENTARY INFORMATION:
Amendment to the Final Results:
In accordance with sections 751(h) and 777(i)(1) of the Tariff Act
of 1930, as amended, (``Act''), on March 9, 2009, the Department of
Commerce (``Department'') issued\1\ the final results in the
antidumping administrative review of certain frozen fish fillets from
the Socialist Republic of Vietnam (``Vietnam''). See Certain Frozen
Fish Fillets From the Socialist Republic of Vietnam: Final Results of
the Antidumping Duty Administrative Review and New Shipper Reviews, 74
FR 11349 (March 17, 2009) (``Final Results'').
---------------------------------------------------------------------------
\1\ The Department publically announced the final results on
March 10, 2009.
---------------------------------------------------------------------------
On March 17, 2009, Petitioners\2\ and QVD Food Company Ltd.
(``QVD'') filed timely allegations that the Department made various
ministerial errors in the Final Results and requested, pursuant to 19
CFR 351.224, that the Department correct the alleged ministerial errors
in the calculation of the margins for QVD. On March 23, 2009,
Petitioners and QVD filed rebuttal comments with respect to these
ministerial error allegations. No other party in this proceeding
submitted comments on the Department's final margin calculations.
---------------------------------------------------------------------------
\2\ Catfish Farmers of America and individual U.S. catfish
processors.
---------------------------------------------------------------------------
A ministerial error is defined as ``an error in addition,
subtraction, or other arithmetic function, clerical error resulting
from inaccurate copying, duplication, or the like, and any other type
of unintentional error which the Sec. DepartmentSec. considers
ministerial.'' See section 751(h) of the Act; see also 19 CFR
351.224(f).
After analyzing all interested party comments and rebuttals, we
have determined, in accordance with section 751(h) of the Act and 19
CFR 351.224(e), that we made ministerial errors in our calculations for
the final results with respect to QVD. For a detailed discussion of
these ministerial errors, as well as the Department's analysis of these
errors and other allegations raised, see Memorandum to James C. Doyle,
Director, Office 9, through Alex Villanueva, Program Manager, from Alan
Ray, Case Analyst: Antidumping Duty Administrative Review of Certain
Frozen Fish Fillets from the Socialist Republic of Vietnam: Analysis of
Ministerial Error Allegations, (April 8, 2009) (``Ministerial Error
Memo'').
Additionally, in the Final Results, we determined that several
companies qualified for a separate rate. See Final Results at 11350.
The separate rate was based on the margin for QVD, the only mandatory
respondent that received a calculated margin. The margin for QVD did
not change following revisions made to the Final Results. Accordingly
the margin for QVD and for the separate companies remains at 0.52
percent. Moreover, we note that the errors did not affect the Vietnam-
Wide entity rate, and thus it will not be revised.
Therefore, in accordance with section 751(h) of the Act, we are
amending the final results in the antidumping duty administrative
review of certain frozen fish fillets from the Vietnam. After
correcting these ministerial errors, the final weighted-average dumping
margins remain as follows:
Certain Frozen Fish Fillets from Vietnam
------------------------------------------------------------------------
Weighted-Average
Manufacturer/Exporter Margin
------------------------------------------------------------------------
QVD\3\.............................................. 0.52 %
Agifish\4\.......................................... 0.52 %
Anvifish\4\......................................... 0.52 %
Vietnam-Wide Entity\5\.............................. 63.88 %
------------------------------------------------------------------------
\3\ This rate is applicable to the QVD Single Entity which includes QVD,
QVD Dong Thap, and Thuan Hung Co. Ltd.
\4\ 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.
\5\ This includes An Xuyen.
Assessment Rates
The Department intends to issue assessment instructions to U.S.
Customs and Border Protection (``CBP'') 15 days after the date of
publication of these amended final results of review. In accordance
with 19 CFR 351.212(b)(1), we have calculated importer-specific
assessment rates for merchandise subject to this review.
Cash Deposit Requirements
The following deposit requirements will be effective retroactively
on any entries made on or after March 17, 2009, the date of publication
of the Final Results, for all shipments of subject merchandise entered,
or withdrawn from warehouse, for consumption as provided by section
751(a)(2)(C) of the Act: (1) for subject merchandise exported by QVD,
Agifish, or Anvifish the cash deposit rate will be 0.53% ad-valorem;
(2) for previously reviewed or investigated exporters not listed above
that have separate rates, the cash deposit rate will continue to be the
exporter-specific rate published for the most recent period; (3) for
all Vietnamese exporters of subject merchandise, which have not been
found to be entitled to a separate rate, the cash deposit rate will be
the Vietnam-wide rate of 63.88 percent; and (4) for all non-Vietnamese
exporters of subject merchandise that have not received their own rate,
the cash deposit rate will be the rate applicable to the Vietnamese
exporter that supplied that non-Vietnamese exporter. These deposit
requirements shall remain in effect until further notice. In the 2nd
administrative review, the Department stated that we would collect cash
deposits and issue assessment instructions on a per-unit basis. See
Certain Frozen Fish Fillets From the Socialist Republic of Vietnam:
Final Results of the Second Administrative Review, 72 FR 13242, 13244
(March 21, 2007). Therefore, we intend to issue CBP instructions on
that basis.
Notification of Interested Parties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double antidumping duties. This notice also serves as a
reminder to parties subject to administrative protective orders
(``APOs'') 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 that is subject to
sanction.
We are issuing and publishing these amended final results of review
and notice in accordance with sections 751(a) and 777(i) of the Act.
Dated: April 9, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-8871 Filed 4-16-09; 8:45 am]
BILLING CODE 3510-DS-S
