Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Amended Final Results of the Fourth Antidumping Duty Administrative Review, 17816-17817 [E9-8871]

Download as PDF 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. E:\FR\FM\17APN1.SGM 17APN1 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. VerDate Nov<24>2008 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]


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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