Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results of the Fifth New Shipper Review, 38985-38986 [2010-16496]
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Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–801]
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Final
Results of the Fifth New Shipper
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting a new
shipper review 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’’). This new shipper review
includes NTSF Seafoods Joint Stock
Company (‘‘NTSF’’). Based upon our
analysis of the comments and
information received, we made changes
to the dumping margin calculation for
the final results. The final dumping
margin is listed below in the section
entitled ‘‘Final Results of the Review.’’
DATES: Effective Date: July 7, 2010.
FOR FURTHER INFORMATION CONTACT:
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)
482–2243.
SUPPLEMENTARY INFORMATION:
cprice-sewell on DSK8KYBLC1PROD with NOTICES
Case History
On January 19, 2010, the Department
issued the preliminary results of the
fifth new shipper review for the period
August 1, 2008, through January 31,
2009. See Certain Frozen Fish Fillets
From the Socialist Republic of Vietnam:
Preliminary Results of New Shipper
Review, 75 FR 4350 (January 29, 2010)
(‘‘Preliminary Results’’). On February 12,
2010, the Department tolled
administrative deadlines, including the
instant review, by one calendar week.
See Tolling of Administrative Deadlines
As a Result of the Government Closure
during the Recent Snowstorm, dated
February 12, 2010 (‘‘Tolling Memo’’).
On February 16, 2010, the Department
extended the deadlines for submission
of surrogate value data, surrogate value
rebuttal comments, case and rebuttal
briefs. See Memorandum to the File,
from Javier Barrientos, Senior Case
Analyst, Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam,
dated February 16, 2010. On February
VerDate Mar<15>2010
15:28 Jul 06, 2010
Jkt 220001
23, 2010, Petitioners submitted
additional publicly available
information with which to value the
factors of production.
On March 4, 2010, the Department
extended the deadlines for submission
of case and rebuttal briefs. See
Memorandum to the File, from Javier
Barrientos, Senior Case Analyst, Certain
Frozen Fish Fillets from the Socialist
Republic of Vietnam, dated March 4,
2010. On March 12, 2010, Petitioners
and NTSF submitted their respective
case briefs. On March 17, 2010,
Petitioners and NTSF submitted their
respective rebuttal case briefs.
On April 26, 2010, the Department
extended the deadline for the final
results in the instant review by 30 days.
See Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam:
Extension of Time Limit for Final
Results of the Fifth New Shipper
Review, 75 FR 26199 (April 30, 2010).
On May 19, 2010, the Department
extended the deadline for the final
results in the instant review by an
additional 30 days. See Certain Frozen
Fish Fillets From the Socialist Republic
of Vietnam: Extension of Time Limit for
Final Results of the Fifth New Shipper
Review, 75 FR 30374 (May 25, 2010).
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
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
38985
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.
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 new shipper 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 of
Commerce 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.
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 NTSF in the final results.
For all changes to the calculations, 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 Javier
Barrientos, Senior Case Analyst, AD/
CVD Operations, Office 9; Fifth
Antidumping Duty New Shipper
Review of Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam:
Surrogate Values for the Final Results.
Final Results of the Review
The weighted-average dumping
margins for the POR are as follows:
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.
E:\FR\FM\07JYN1.SGM
07JYN1
38986
Federal Register / Vol. 75, No. 129 / Wednesday, July 7, 2010 / Notices
CERTAIN FROZEN FISH FILLETS FROM
VIETNAM
Manufacturer/
exporter
Weighted-average
margin
NTSF ....................
0.00
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 any
future review, 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 this new shipper review.
result in the Department’s presumption
that reimbursement of antidumping
duties has occurred and the subsequent
assessment of doubled antidumping
duties.
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing this
determination in accordance with
sections 751(a)(2)(B) and 777(i) of the
Act, and 19 CFR 351.214(h) and
351.221(b)(5).
Dated: June 27, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import
Administration.
Appendix I—Decision Memorandum
cprice-sewell on DSK8KYBLC1PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of this final results of this
new shipper review for all shipments of
subject merchandise by NTSF, entered,
or withdrawn from warehouse, for
consumption on or after the publication
date, as provided by section 751(a)(2)(C)
of the Tariff Act of 1930, as amended
(‘‘Act’’): (1) For subject merchandise
produced and exported by NTSF, the
cash deposit rate will be zero; (2) for
subject merchandise exported by NTSF,
but not manufactured by NTSF, the cash
deposit rate will continue to be the
Vietnam-wide rate of $2.11/Kilogram;
and (3) for subject merchandise
manufactured by NTSF, but exported by
any party other than NTSF, the cash
deposit rate will be the rate applicable
to the exporter. These cash deposit
requirements will remain in effect until
further notice.
Comment 1: Surrogate Country.
Comment 2: Surrogate Values.
A. Whole Live Fish.
B. Surrogate Financial Ratios.
Comment 3: Indirect Labor.
Comment 4: Factors of Production
Denominator.
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
Whereas, the Foreign-Trade Zones Act
provides for ‘‘* * * the establishment
* * * of foreign-trade zones in ports of
entry of the United States, to expedite
and encourage foreign commerce, and
for other purposes,’’ and authorizes the
Foreign-Trade Zones Board to grant to
qualified corporations the privilege of
establishing foreign-trade zones in or
VerDate Mar<15>2010
15:28 Jul 06, 2010
Jkt 220001
[FR Doc. 2010–16496 Filed 7–6–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 1686]
Grant of Authority for Subzone Status;
Schwarz Pharma Manufacturing, Inc.
(Pharmaceutical Products); Seymour,
IN
Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the
following Order:
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
adjacent to U.S. Customs and Border
Protection ports of entry;
Whereas, the Board’s regulations (15
CFR part 400) provide for the
establishment of special-purpose
subzones when existing zone facilities
cannot serve the specific use involved,
and when the activity results in a
significant public benefit and is in the
public interest;
Whereas, the Ports of Indiana, grantee
of Foreign-Trade Zone 170, has made
application to the Board for authority to
establish a special-purpose subzone at
the pharmaceutical manufacturing and
distribution facility of Schwarz Pharma
Manufacturing, Inc., located in
Seymour, Indiana, (FTZ Docket 36–
2009, filed 8/25/2009);
Whereas, notice inviting public
comment has been given in the Federal
Register (74 FR 45612–45613, 9/3/2009)
and the application has been processed
pursuant to the FTZ Act and the Board’s
regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and
Board’s regulations are satisfied, and
that the proposal is in the public
interest;
Now, therefore, the Board hereby
grants authority for subzone status for
activity related to the manufacturing
and distribution of pharmaceutical
products at the facility of Schwarz
Pharma Manufacturing, Inc., located in
Seymour, Indiana (Subzone 170B), as
described in the application and
Federal Register notice, subject to the
FTZ Act and the Board’s regulations,
including Section 400.28.
Signed at Washington, DC, this 22 day of
June, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import
Administration, Alternate Chairman, ForeignTrade Zones Board.
Attest:
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2010–16199 Filed 7–6–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Initiation of New
Shipper Reviews
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
E:\FR\FM\07JYN1.SGM
07JYN1
Agencies
[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Notices]
[Pages 38985-38986]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16496]
[[Page 38985]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Final Results of the Fifth New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting a
new shipper review 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''). This new shipper review includes NTSF Seafoods Joint Stock
Company (``NTSF''). Based upon our analysis of the comments and
information received, we made changes to the dumping margin calculation
for the final results. The final dumping margin is listed below in the
section entitled ``Final Results of the Review.''
DATES: Effective Date: July 7, 2010.
FOR FURTHER INFORMATION CONTACT: 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) 482-2243.
SUPPLEMENTARY INFORMATION:
Case History
On January 19, 2010, the Department issued the preliminary results
of the fifth new shipper review for the period August 1, 2008, through
January 31, 2009. See Certain Frozen Fish Fillets From the Socialist
Republic of Vietnam: Preliminary Results of New Shipper Review, 75 FR
4350 (January 29, 2010) (``Preliminary Results''). On February 12,
2010, the Department tolled administrative deadlines, including the
instant review, by one calendar week. See Tolling of Administrative
Deadlines As a Result of the Government Closure during the Recent
Snowstorm, dated February 12, 2010 (``Tolling Memo'').
On February 16, 2010, the Department extended the deadlines for
submission of surrogate value data, surrogate value rebuttal comments,
case and rebuttal briefs. See Memorandum to the File, from Javier
Barrientos, Senior Case Analyst, Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam, dated February 16, 2010. On February 23,
2010, Petitioners submitted additional publicly available information
with which to value the factors of production.
On March 4, 2010, the Department extended the deadlines for
submission of case and rebuttal briefs. See Memorandum to the File,
from Javier Barrientos, Senior Case Analyst, Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam, dated March 4, 2010. On
March 12, 2010, Petitioners and NTSF submitted their respective case
briefs. On March 17, 2010, Petitioners and NTSF submitted their
respective rebuttal case briefs.
On April 26, 2010, the Department extended the deadline for the
final results in the instant review by 30 days. See Certain Frozen Fish
Fillets From the Socialist Republic of Vietnam: Extension of Time Limit
for Final Results of the Fifth New Shipper Review, 75 FR 26199 (April
30, 2010). On May 19, 2010, the Department extended the deadline for
the final results in the instant review by an additional 30 days. See
Certain Frozen Fish Fillets From the Socialist Republic of Vietnam:
Extension of Time Limit for Final Results of the Fifth New Shipper
Review, 75 FR 30374 (May 25, 2010).
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 new shipper 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 of Commerce 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.
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 NTSF in the final results. For all changes
to the calculations, 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 Javier Barrientos, Senior Case Analyst, AD/
CVD Operations, Office 9; Fifth Antidumping Duty New Shipper Review of
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam:
Surrogate Values for the Final Results.
Final Results of the Review
The weighted-average dumping margins for the POR are as follows:
[[Page 38986]]
Certain Frozen Fish Fillets From Vietnam
------------------------------------------------------------------------
Weighted-average
Manufacturer/ exporter margin
------------------------------------------------------------------------
NTSF........................................... 0.00
------------------------------------------------------------------------
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 any future review, 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 this new shipper review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of this final results of this new shipper review for all
shipments of subject merchandise by NTSF, entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended
(``Act''): (1) For subject merchandise produced and exported by NTSF,
the cash deposit rate will be zero; (2) for subject merchandise
exported by NTSF, but not manufactured by NTSF, the cash deposit rate
will continue to be the Vietnam-wide rate of $2.11/Kilogram; and (3)
for subject merchandise manufactured by NTSF, but exported by any party
other than NTSF, the cash deposit rate will be the rate applicable to
the exporter. These cash deposit requirements will remain in effect
until further notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
We are issuing and publishing this determination in accordance with
sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR 351.214(h) and
351.221(b)(5).
Dated: June 27, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
Appendix I--Decision Memorandum
Comment 1: Surrogate Country.
Comment 2: Surrogate Values.
A. Whole Live Fish.
B. Surrogate Financial Ratios.
Comment 3: Indirect Labor.
Comment 4: Factors of Production Denominator.
[FR Doc. 2010-16496 Filed 7-6-10; 8:45 am]
BILLING CODE 3510-DS-P