Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results of the New Shipper Review, 27435-27436 [2012-11218]
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Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Notices
Dated: May 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
On January 10, 2012, the Department
published a notice fully extending the
time limit for completion of the final
results of this new shipper review.3
Between March 16, 2012, and March 21,
2012, we received case and rebuttal
briefs from Petitioners 4 and the
respondent.5 As a result of our analysis,
we have made changes to the
Preliminary Results.
[FR Doc. 2012–11217 Filed 5–9–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–801]
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Final
Results of the New Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 13, 2011, the
Department of Commerce
(‘‘Department’’) published in the
Federal Register the preliminary results
of the new shipper review of the
antidumping duty order on certain
frozen fish fillets (‘‘frozen fish fillets’’)
from the Socialist Republic of Vietnam
(‘‘Vietnam’’).1 We gave interested
parties an opportunity to comment on
the Preliminary Results and, based upon
our analysis of the comments and
information received, we made changes
to the margin calculation for the final
results of this new shipper review. The
final weighted-average margins are
listed below in the ‘‘Final Results of
Review’’ section of this notice. The
period of review (‘‘POR’’) is August 1,
2010, through January 31, 2011.
DATES: Effective Date: May 10, 2012.
FOR FURTHER INFORMATION CONTACT:
Emeka Chukwudebe, AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0219.
SUPPLEMENTARY INFORMATION:
AGENCY:
mstockstill on DSK4VPTVN1PROD with NOTICES
Background
As noted above, on December 13,
2011, the Department published the
Preliminary Results of this new shipper
review. We invited interested parties to
comment on the Preliminary Results.
We extended the deadlines for
submission of surrogate value comments
and case briefs on multiple occasions.2
1 See Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Preliminary Results
of the New Shipper Review, 76 FR 77485 (December
13, 2011) (‘‘Preliminary Results’’).
2 See Memorandum for All Interested Parties,
from Alexis Polovina, Case Analyst, Import
Administration, Re: Antidumping Duty New
Shipper Review of Certain Frozen Fish Fillets from
the Socialist Republic of Vietnam: Extension of
VerDate Mar<15>2010
17:18 May 09, 2012
Jkt 226001
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
Time to Submit Surrogate Value Comments, dated
December 30, 2011. See also Memorandum for All
Interested Parties, from Emeka Chukwudebe, Case
Analyst, Import Administration, Re: Antidumping
Duty New Shipper Review of Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam:
Extension of Surrogate Value Comments & Case
Briefs Deadlines, dated January 5, 2012. See also
Memorandum for All Interested Parties, from
Emeka Chukwudebe, Case Analyst, Import
Administration, Re: Antidumping Duty New
Shipper Review of Certain Frozen Fish Fillets from
the Socialist Republic of Vietnam: Second
Extension of Case and Rebuttal Briefs, dated,
February 29, 2012. See also Memorandum for All
Interested Parties, from Emeka Chukwudebe, Case
Analyst, Import Administration, Re: Antidumping
Duty New Shipper Review of Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam:
Revised Extension of Case and Rebuttal Briefs,
dated, March 8, 2012.
3 See Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Extension of Time
for Final Results of the New Shipper Review, 77 FR
1470 (January 10, 2012).
4 The Catfish Farmers of America and individual
U.S. Catfish Processors: America’s Catch,
Consolidated Catfish Companies, LLC dba Country
Select Catfish, Delta Pride Catfish, Inc., Harvest
Select Catfish, Inc., Heartland Catfish Company,
Pride of the Pond, Simmons Farm Raised Catfish,
Inc., and Southern Pride Catfish Company LLC
(collectively, ‘‘Petitioners’’).
5 Thuan An Production Trading & Services Co.,
Ltd. (‘‘TAFISHCO’’).
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
27435
Vietnamese common names for these
species of fish. These products are
classifiable under tariff article codes
0304.29.6033, 0304.62.0020,
0305.59.0000, 0305.59.4000,
1604.19.2000, 1604.19.2100,
1604.19.3000, 1604.19.3100,
1604.19.4000, 1604.19.4100,
1604.19.5000, 1604.19.5100,
1604.19.6100, 1604.19.8100 (Frozen
Fish Fillets of the species Pangasius
including basa and tra) of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’).6 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 are addressed
in the ‘‘Certain Frozen Fish Fillets from
the Socialist Republic of Vietnam:
Issues and Decision Memorandum for
the Final Results of the New Shipper
Review,’’ dated concurrently with this
notice (‘‘I&D Memo’’), and which is
hereby adopted by this notice. A list of
the issues which parties raised is
attached to this notice as an Appendix.
Parties can find a complete discussion
of all issues raised in this new shipper
review and the corresponding
recommendation in this public
memorandum which is on file
electronically via Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Services System (‘‘IA
ACCESS’’). Access to IA ACCESS is
available in the Central Records Unit
(‘‘CRU’’) of the main Commerce
Building, Room 7046. In addition, a
complete version of the I&D Memo is
accessible on the Web at https://
trade.gov/frn. The paper copy and
electronic versions of the I&D Memo are
identical in content.
6 Until July 1, 2004, these products were
classifiable under tariff article codes 0304.20.60.30
(Frozen Catfish Fillets), 0304.20.60.96 (Frozen Fish
Fillets, NESOI), 0304.20.60.43 (Frozen Freshwater
Fish Fillets) and 0304.20.60.57 (Frozen Sole Fillets)
of the HTSUS. Until February 1, 2007, these
products were classifiable under tariff article code
0304.20.60.33 (Frozen Fish Fillets of the species
Pangasius including basa and tra) of the HTSUS. On
March 2, 2011, the Department added two HTSUS
numbers at the request of U.S. Customs and Border
Protection (‘‘CBP’’): 1604.19.2000 and 1604
19.3000. On January 30, 2012, the Department
added eight HTSUS numbers at the request of U.S.
CBP: 0304.62.0020, 0305.59.0000, 1604.19.2100,
1604.19.3100, 1604.19.4100, 1604.19.5100,
1604.19.6100, 1604.19.8100.
E:\FR\FM\10MYN1.SGM
10MYN1
27436
Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Notices
Final Results of Review
The dumping margin for the POR is
as follows:
mstockstill on DSK4VPTVN1PROD with NOTICES
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we have made certain revisions
to the margin calculation for
TAFISHCO. For the reasons explained
in the I&D Memo at Comment I, we have
changed our primary surrogate country
selection from Indonesia to Bangladesh.
For all other changes to the calculation
of TAFISHCO, see the I&D Memo and
company-specific analysis
memorandum. For changes to the
surrogate values, see the I&D Memo and
‘‘Memorandum to the File, through
Matthew Renkey, Acting Program
Manager, AC/CVD Operations, Office 9,
from Emeka Chukwudebe, Case Analyst,
AD/CVD Operations, Office 9,
Antidumping New Shipper Review of
Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Surrogate
Values for the Final Results,’’ dated May
3, 2012.
for consumption on or after the
publication date, as provided for by
section 751(a)(2)(C) of the Tariff Act of
1930, as amended (‘‘Act’’): (1) For
subject merchandise produced and
exported by TAFISHCO, the cash
deposit rate will be the rate established
in the final results of this new shipper
review. If the cash deposit rate
calculated in the final results is zero or
de minimis, no cash deposit will be
required for the specific producerexporter combination listed above; (2)
for subject merchandise exported by
TAFISHCO, but not manufactured by
TAFISHCO, the cash deposit rate will
continue to be the Vietnam-wide rate
(i.e., $2.11/Kilogram); and (3) for subject
merchandise manufactured by
TAFISHCO, but exported by any other
party, the cash deposit rate will be the
Vietnam-wide rate (i.e., $2.11/
Kilogram). The cash deposit
requirement, when imposed, shall
remain in effect until further notice.
Reimbursement of Duties
17:18 May 09, 2012
Jkt 226001
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
Appendix I—Issues & Decision
Memorandum
COMMENT I: SELECTION OF SURROGATE
COUNTRY
A. Economic Comparability
B. Significant Producer of the Comparable
Merchandise
C. Data Considerations
COMMENT II: SURROGATE VALUES
A. Financial Ratios
B. Fish Waste
C. Fingerlings, Fish Feed, Nutrients, Lime
D. Salt
E. STPP, CO Gas, PE Bags, Cartons, Tape,
Label, Plastic Sheet, Banding, Diesel
F. Labor
G. Brokerage & Handling
COMMENT III: CORRECTION OF
PRELIMINARY MARGIN
CALCULATION
[FR Doc. 2012–11218 Filed 5–9–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
This notice also serves as a final
reminder to importers of their
Weightedresponsibility under 19 CFR
average
351.402(f)(2) to file a certificate
Manufacturer/exporter
margin
regarding the reimbursement of
(dollars per
kilogram)
antidumping duties prior to liquidation
of the relevant entries during this POR.
Thuan An Production Trading & Services Co., Ltd .....
0.00 Failure to comply with this requirement
could result in the Department’s
presumption that reimbursement of
Assessment
antidumping duties has occurred and
Upon issuance of the final results, the the subsequent assessment of doubled
Department will determine, and CBP
antidumping duties.
shall assess, antidumping duties on all
appropriate entries. The Department
Administrative Protective Order
intends to issue assessment instructions
In accordance with 19 CFR
to CBP 15 days after the date of
351.305(a)(3), this notice also serves as
publication of the final results of
a reminder to parties subject to
review. Pursuant to 19 CFR
administrative protective order (‘‘APO’’)
351.212(b)(1), we will calculate
of their responsibility concerning the
importer-specific (or customer) ad
valorem duty assessment rates based on return or destruction of proprietary
information disclosed under the APO,
the ratio of the total amount of the
dumping margins calculated for the
which continues to govern business
examined sales to the total entered
proprietary information in this segment
value of those same sales. In accordance of the proceeding. Timely written
with 19 CFR 351.106(c)(2), we will
notification of the return/destruction of
instruct CBP to liquidate, without regard APO materials or conversion to judicial
to antidumping duties, all entries of
protective order is hereby requested.
subject merchandise during the POR for Failure to comply with the regulations
which the importer-specific assessment
and terms of an APO is a violation
rate is zero or de minimis.
subject to sanction.
Cash Deposit Requirements
We are issuing and publishing this
new shipper review and notice in
The following cash deposit
accordance with sections 751(a)(1) and
requirements will be effective upon
777(i) of the Act.
publication of the final results of this
new shipper review for all shipments of
the subject merchandise from Vietnam
entered, or withdrawn from warehouse,
VerDate Mar<15>2010
Dated: May 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
International Trade Administration
Stevens Institute of Technology, et al.;
Notice of Consolidated Decision on
Applications for Duty-Free Entry of
Electron Microscope
This is a decision consolidated
pursuant to Section 6(c) of the
Educational, Scientific, and Cultural
Materials Importation Act of 1966 (Pub.
L. 89–651, as amended by
Pub. L. 106–36; 80 Stat. 897; 15 CFR
part 301). Related records can be viewed
between 8:30 a.m. and 5:00 p.m. in
Room 3720, U.S. Department of
Commerce, 14th and Constitution
Avenue NW, Washington, DC
Docket Number: 12–008. Applicant:
Stevens Institute of Technology,
Hoboken, NJ 07030. Instrument: Quanta
450 Scanning Electron Microscope.
Manufacturer: FEI Company, Czech
Republic. Intended Use: See notice at 77
FR 20360, April 4, 2012.
Docket Number: 12–009. Applicant:
Humboldt State University, Arcata, CA
95521. Instrument: Quanta 250
Scanning Electron Microscope.
Manufacturer: FEI Company, Czech
Republic. Intended Use: See notice at 77
FR 20360, April 4, 2012.
Docket Number: 12–010. Applicant:
Howard Hughes Medical Institute,
Chevy Chase, MD 20815. Instrument:
Tecnai G2 F20T Transmission Electron
Microscope. Manufacturer: FEI
Company, Czech Republic. Intended
Use: See notice at 77 FR 20360, April 4,
2012.
E:\FR\FM\10MYN1.SGM
10MYN1
Agencies
[Federal Register Volume 77, Number 91 (Thursday, May 10, 2012)]
[Notices]
[Pages 27435-27436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11218]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Final Results of the New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 13, 2011, the Department of Commerce
(``Department'') published in the Federal Register the preliminary
results of the new shipper review of the antidumping duty order on
certain frozen fish fillets (``frozen fish fillets'') from the
Socialist Republic of Vietnam (``Vietnam'').\1\ We gave interested
parties an opportunity to comment on the Preliminary Results and, based
upon our analysis of the comments and information received, we made
changes to the margin calculation for the final results of this new
shipper review. The final weighted-average margins are listed below in
the ``Final Results of Review'' section of this notice. The period of
review (``POR'') is August 1, 2010, through January 31, 2011.
---------------------------------------------------------------------------
\1\ See Certain Frozen Fish Fillets From the Socialist Republic
of Vietnam: Preliminary Results of the New Shipper Review, 76 FR
77485 (December 13, 2011) (``Preliminary Results'').
---------------------------------------------------------------------------
DATES: Effective Date: May 10, 2012.
FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-0219.
SUPPLEMENTARY INFORMATION:
Background
As noted above, on December 13, 2011, the Department published the
Preliminary Results of this new shipper review. We invited interested
parties to comment on the Preliminary Results. We extended the
deadlines for submission of surrogate value comments and case briefs on
multiple occasions.\2\ On January 10, 2012, the Department published a
notice fully extending the time limit for completion of the final
results of this new shipper review.\3\ Between March 16, 2012, and
March 21, 2012, we received case and rebuttal briefs from Petitioners
\4\ and the respondent.\5\ As a result of our analysis, we have made
changes to the Preliminary Results.
---------------------------------------------------------------------------
\2\ See Memorandum for All Interested Parties, from Alexis
Polovina, Case Analyst, Import Administration, Re: Antidumping Duty
New Shipper Review of Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Extension of Time to Submit Surrogate Value
Comments, dated December 30, 2011. See also Memorandum for All
Interested Parties, from Emeka Chukwudebe, Case Analyst, Import
Administration, Re: Antidumping Duty New Shipper Review of Certain
Frozen Fish Fillets from the Socialist Republic of Vietnam:
Extension of Surrogate Value Comments & Case Briefs Deadlines, dated
January 5, 2012. See also Memorandum for All Interested Parties,
from Emeka Chukwudebe, Case Analyst, Import Administration, Re:
Antidumping Duty New Shipper Review of Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam: Second Extension of Case and
Rebuttal Briefs, dated, February 29, 2012. See also Memorandum for
All Interested Parties, from Emeka Chukwudebe, Case Analyst, Import
Administration, Re: Antidumping Duty New Shipper Review of Certain
Frozen Fish Fillets from the Socialist Republic of Vietnam: Revised
Extension of Case and Rebuttal Briefs, dated, March 8, 2012.
\3\ See Certain Frozen Fish Fillets From the Socialist Republic
of Vietnam: Extension of Time for Final Results of the New Shipper
Review, 77 FR 1470 (January 10, 2012).
\4\ The Catfish Farmers of America and individual U.S. Catfish
Processors: America's Catch, Consolidated Catfish Companies, LLC dba
Country Select Catfish, Delta Pride Catfish, Inc., Harvest Select
Catfish, Inc., Heartland Catfish Company, Pride of the Pond, Simmons
Farm Raised Catfish, Inc., and Southern Pride Catfish Company LLC
(collectively, ``Petitioners'').
\5\ Thuan An Production Trading & Services Co., Ltd.
(``TAFISHCO'').
---------------------------------------------------------------------------
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 0304.29.6033, 0304.62.0020, 0305.59.0000, 0305.59.4000,
1604.19.2000, 1604.19.2100, 1604.19.3000, 1604.19.3100, 1604.19.4000,
1604.19.4100, 1604.19.5000, 1604.19.5100, 1604.19.6100, 1604.19.8100
(Frozen Fish Fillets of the species Pangasius including basa and tra)
of the Harmonized Tariff Schedule of the United States (``HTSUS'').\6\
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.
---------------------------------------------------------------------------
\6\ Until July 1, 2004, these products were classifiable under
tariff article codes 0304.20.60.30 (Frozen Catfish Fillets),
0304.20.60.96 (Frozen Fish Fillets, NESOI), 0304.20.60.43 (Frozen
Freshwater Fish Fillets) and 0304.20.60.57 (Frozen Sole Fillets) of
the HTSUS. Until February 1, 2007, these products were classifiable
under tariff article code 0304.20.60.33 (Frozen Fish Fillets of the
species Pangasius including basa and tra) of the HTSUS. On March 2,
2011, the Department added two HTSUS numbers at the request of U.S.
Customs and Border Protection (``CBP''): 1604.19.2000 and 1604
19.3000. On January 30, 2012, the Department added eight HTSUS
numbers at the request of U.S. CBP: 0304.62.0020, 0305.59.0000,
1604.19.2100, 1604.19.3100, 1604.19.4100, 1604.19.5100,
1604.19.6100, 1604.19.8100.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties are
addressed in the ``Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Issues and Decision Memorandum for the Final
Results of the New Shipper Review,'' dated concurrently with this
notice (``I&D Memo''), and which is hereby adopted by this notice. A
list of the issues which parties raised is attached to this notice as
an Appendix. Parties can find a complete discussion of all issues
raised in this new shipper review and the corresponding recommendation
in this public memorandum which is on file electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Services System (``IA ACCESS''). Access to IA ACCESS is
available in the Central Records Unit (``CRU'') of the main Commerce
Building, Room 7046. In addition, a complete version of the I&D Memo is
accessible on the Web at https://trade.gov/frn. The paper copy and
electronic versions of the I&D Memo are identical in content.
[[Page 27436]]
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we have made
certain revisions to the margin calculation for TAFISHCO. For the
reasons explained in the I&D Memo at Comment I, we have changed our
primary surrogate country selection from Indonesia to Bangladesh. For
all other changes to the calculation of TAFISHCO, see the I&D Memo and
company-specific analysis memorandum. For changes to the surrogate
values, see the I&D Memo and ``Memorandum to the File, through Matthew
Renkey, Acting Program Manager, AC/CVD Operations, Office 9, from Emeka
Chukwudebe, Case Analyst, AD/CVD Operations, Office 9, Antidumping New
Shipper Review of Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Surrogate Values for the Final Results,'' dated
May 3, 2012.
Final Results of Review
The dumping margin for the POR is as follows:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter margin
(dollars per
kilogram)
------------------------------------------------------------------------
Thuan An Production Trading & Services Co., Ltd......... 0.00
------------------------------------------------------------------------
Assessment
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries.
The Department intends to issue assessment instructions to CBP 15 days
after the date of publication of the final results of review. Pursuant
to 19 CFR 351.212(b)(1), we will calculate importer-specific (or
customer) ad valorem duty assessment rates based on the ratio of the
total amount of the dumping margins calculated for the examined sales
to the total entered value of those same sales. In accordance with 19
CFR 351.106(c)(2), we will instruct CBP to liquidate, without regard to
antidumping duties, all entries of subject merchandise during the POR
for which the importer-specific assessment rate is zero or de minimis.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this new shipper review for all
shipments of the subject merchandise from Vietnam entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (``Act''): (1) For subject merchandise produced and exported by
TAFISHCO, the cash deposit rate will be the rate established in the
final results of this new shipper review. If the cash deposit rate
calculated in the final results is zero or de minimis, no cash deposit
will be required for the specific producer-exporter combination listed
above; (2) for subject merchandise exported by TAFISHCO, but not
manufactured by TAFISHCO, the cash deposit rate will continue to be the
Vietnam-wide rate (i.e., $2.11/Kilogram); and (3) for subject
merchandise manufactured by TAFISHCO, but exported by any other party,
the cash deposit rate will be the Vietnam-wide rate (i.e., $2.11/
Kilogram). The cash deposit requirement, 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)(2) 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 Order
In accordance with 19 CFR 351.305(a)(3), this notice also serves as
a reminder to parties subject to administrative protective order
(``APO'') of their responsibility concerning the return or destruction
of proprietary information disclosed under the APO, 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 subject to sanction.
We are issuing and publishing this new shipper review and notice in
accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: May 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix I--Issues & Decision Memorandum
COMMENT I: SELECTION OF SURROGATE COUNTRY
A. Economic Comparability
B. Significant Producer of the Comparable Merchandise
C. Data Considerations
COMMENT II: SURROGATE VALUES
A. Financial Ratios
B. Fish Waste
C. Fingerlings, Fish Feed, Nutrients, Lime
D. Salt
E. STPP, CO Gas, PE Bags, Cartons, Tape, Label, Plastic Sheet,
Banding, Diesel
F. Labor
G. Brokerage & Handling
COMMENT III: CORRECTION OF PRELIMINARY MARGIN CALCULATION
[FR Doc. 2012-11218 Filed 5-9-12; 8:45 am]
BILLING CODE 3510-DS-P