Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review and New Shipper Reviews; 2010-2011, 17350-17354 [2013-06550]
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17350
Federal Register / Vol. 78, No. 55 / Thursday, March 21, 2013 / Notices
made in FY 2012. The information is
organized by function to show how
contracted resources are distributed
throughout the agency. The inventory
has been developed in accordance with
guidance memo on service contract
inventories issued on November 5, 2010
by the Office of Management and
Budget’s Office of Federal Procurement
Policy (OFPP).
ADDRESSES: The Department of
Commerce has posted its FY 2012
inventory and summary on the Office of
Acquisition Management homepage at
the following link https://
www.osec.doc.gov/oam/. OFPP’s
guidance memo on service contract
inventories is available at https://
www.whitehouse.gov/sites/default/files/
omb/procurement/memo/servicecontract-inventories-guidance11052010.pdf.
FOR FURTHER INFORMATION CONTACT:
Questions regarding the service contract
inventory should be directed to Virna
Winters, Director for Acquisitions
Policy and Oversight Division at 202–
482–4248 or vwinters@doc.gov.
Ellen Herbst,
Senior Adviser to the Deputy Secretary
performing the non-exclusive duties of the
Chief Financial Officer and Assistant
Secretary for Administration.
[FR Doc. 2013–06524 Filed 3–20–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–22–2013]
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Foreign-Trade Zone 262—Southaven
(Desoto County), Mississippi;
Notification of Proposed Production
Activity; Milwaukee Electric Tool
Corporation (Power and Hand Tools);
Olive Branch, Greenwood, and
Jackson, Mississippi
Northern Mississippi FTZ, Inc.,
grantee of FTZ 262, submitted a
notification of proposed production
activity on behalf of Milwaukee Electric
Tool Corporation (METC), located in
Olive Branch, Greenwood, and Jackson,
Mississippi. The notification
conforming to the requirements of the
regulations of the Board (15 CFR 400.22)
was received on February 28, 2013.
A separate application for subzone
status at the METC facilities was
submitted and will be evaluated under
Sections 400.12 and 400.31 of the
Board’s regulations. The facilities are
used for the production and kitting of
power and hand tools and related
accessories. Pursuant to 15 CFR
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400.14(b), FTZ activity would be limited
to the specific foreign-status materials
and components and specific finished
products described in the submitted
notification (as described below) and
subsequently authorized by the FTZ
Board.
Production under FTZ procedures
could exempt METC from customs duty
payments on the foreign status
components used in export production.
On its domestic sales, METC would be
able to choose the duty rates during
customs entry procedures that apply to
power and hand tools (duty rate ranges
from free to 12.5%) for the foreign status
inputs noted below. Customs duties also
could possibly be deferred or reduced
on foreign status production equipment.
The components and materials
sourced from abroad include oil and
grease, articles of plastic (tubing, hoses,
fittings, fasteners, stoppers, lids),
articles of rubber (caps, tubes, hoses,
gaskets, seals, guards, boots, covers),
articles of leather, felt seals, paper and
paperboard labels/seals/gaskets/boxes/
containers, printed materials, textile
carrying cases, sweatshirts, jackets,
gloves and hand warmers of textile
materials, articles of fiberglass,
fasteners, springs, wire, pins, spacers,
guides, copper wire/tubing/fasteners,
shovels, axes, pruners, shears, saws and
related parts, hand tools, metal brackets/
stoppers/sign plates, pumps and related
parts, heat guns, filters, machines,
presses and related tools, bearings and
related parts, parts of transmissions,
flywheels, gear boxes, electric motors
and generators, batteries, lamps, radios
and related equipment, electrical
components, printed circuit boards/
assemblies, controllers, cameras, coaxial
cable, insulated fittings, wheel
assemblies, rangefinders, levels,
calculating/measuring instruments and
related parts, micrometers, gauges,
calipers, tape measures, thermometers,
pyrometers, barometers and related
parts, multi-meters, fork meters, laser
levels, test benches, displays, and LED
lights (duty rate ranges from free to
28.2%). Inputs included in certain
textile categories (classified within
HTSUS Subheadings 4202.92, 6101.20,
6101.30, 6201.93, 6201.99, 6202.93,
6202.99, 6216.00, 6217.10 and 6307.90)
will be admitted to the proposed
subzone under privileged foreign status
(19 CFR 146.41) or domestic (duty paid)
status (19 CFR 146.43).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary at the address below. The
closing period for their receipt is April
30, 2013.
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A copy of the notification will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s
Web site, which is accessible via
www.trade.gov/ftz.
For further information, contact Pierre
Duy at Pierre.Duy@trade.gov or (202)
482–1378.
Dated: March 15, 2013.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2013–06554 Filed 3–20–13; 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 Antidumping Duty
Administrative Review and New
Shipper Reviews; 2010–2011
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) published the
Preliminary Results of the eighth
administrative review and aligned new
shipper reviews on certain frozen fish
fillets from the Socialist Republic of
Vietnam (‘‘Vietnam’’) on September 12,
2012.1 We gave interested parties an
opportunity to comment on the
Preliminary Results. Based upon our
analysis of the comments and
information received, we made changes
to the margin calculations for these final
results. The final dumping margins are
listed below in the ‘‘Final Results of the
Administrative Reviews’’ section of this
notice. The period of review (‘‘POR’’) is
August 1, 2010, through July 31, 2011.
DATES: Effective Date: March 21, 2013.
FOR FURTHER INFORMATION CONTACT: Paul
Walker (Anvifish), Susan Pulongbarit
(Vinh Hoan), Alex Montoro (An Phu
and Godaco) or Seth Isenberg (Docifish),
AD/CVD Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
AGENCY:
1 See Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Preliminary Results of the
Eighth Antidumping Duty Administrative Review
and Ninth New Shipper Reviews, Partial Rescission
of Review, and Intent to Revoke Order in Part, 77
FR 56180 (September 12, 2012) (‘‘Preliminary
Results’’).
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Avenue NW., Washington, DC 20230;
telephone 202–482–0413, 202–482–
4031, 202–482–0238, or 202–482–0588,
respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the
Preliminary Results on September 12,
2012.2 Between November 20, 2012 and
December 4, 2012 interested parties
submitted surrogate value data for
consideration in the final results. On
December 12, 2012, the Department
released verification reports for its
verification of Vinh Hoan Corporation
(‘‘Vinh Hoan’’).3 On December 13, 2012,
the Department extended the final
results to March 13, 2013.4 Between
December 21, 2012 and January 17,
2013, interested parties submitted case
and rebuttal briefs. On February 21,
2013 the Department held both public
and closed hearings.
Scope of the Order
The merchandise subject to 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. The
products are currently classifiable under
the Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) subheadings
1604.19.4000, 1604.19.5000,
0305.59.4000, 0304.29.6033 (Frozen
Fish Fillets of the species Pangasius
including basa and tra). Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
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2 Id.
3 See Memorandum to the File, from Susan
Pulongbarit, through Scot T. Fullerton,
‘‘Verification of the Sales and Factors of Production
Response of Vinh Hoan Corporation in the 2010–
2011 Administrative Review of Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam,’’
dated December 14, 2012; see also Memorandum to
the File, from Susan Pulongbarit and Kabir
Archuletta, through Scot T. Fullerton, ‘‘Verification
of the CEP Sales Response of Vinh Hoan
Corporation in the 8th Antidumping Duty
Administrative Review of Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam,’’
dated December 14, 2012.
4 See Memorandum to Gary Taverman, Senior
Advisor, through James Doyle, Office Director, from
Paul Walker, Case Analyst, ‘‘Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam:
Extension of Deadline for Final Results of the
Eighth Antidumping Duty Administrative Review
and Aligned New Shipper Reviews,’’ dated
December 13, 2012.
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written description of the scope of the
order remains dispositive.5
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in these
reviews are addressed in the Issues and
Decision Memorandum. A list of the
issues which parties raised is attached
to this notice as Appendix I. The Issues
and Decision Memorandum is a public
document and is on file in the Central
Records Unit (‘‘CRU’’), Room 7046 of
the main Department of Commerce
building, as well as electronically via
Import Administration’s Antidumping
and Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). IA ACCESS is available to
registered users at https://
iaaccess.trade.gov and in the CRU. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the internet at
https://www.trade.gov/ia/. The signed
Issues and Decision Memorandum and
the electronic versions of the Issues and
Decision Memorandum are identical in
content.
Final Partial Rescission
In the Preliminary Results, the
Department preliminarily rescinded the
administrative review with respect to
seven companies: (1) Bien Dong Seafood
Company Ltd.; (2) International
Development & Investment Corporation;
(3) Cuu Long Fish Joint Stock Company;
(4) Thien Ma Seafood Co., Ltd.; (5) East
Sea Seafoods Limited Liability
Company; 6 (6) Cantho Import-Export
Seafood Joint Stock Company; and (7)
Thuan An Production Trading &
Services Co., Ltd. (collectively, the ‘‘No
Shipment Companies’’). These
companies reported that they had no
shipments of subject merchandise to the
United States during the POR, and our
examination of shipment data from U.S.
Customs and Border Protection (‘‘CBP’’)
confirmed that there were no entries of
subject merchandise made by these
companies during the POR.7 Subsequent
5 See ‘‘Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Issues and Decision
Memorandum for the Final Results of the Eighth
Administrative Review and Aligned New Shipper
Reviews,’’ dated concurrently with this notice
(‘‘Issues and Decision Memorandum’’) and
incorporated herein by reference, for a complete
description of the Scope of the Order.
6 Includes the trade name East Sea Seafoods LLC.
7 See Preliminary Results, 77 FR at 56181.
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17351
to the Preliminary Results, the
Department did not receive any
comments or information indicating that
the No Shipment Companies made sales
of subject merchandise to the United
States during the POR. Therefore,
pursuant to 19 CFR 351.213(d)(3), we
are rescinding the administrative review
with respect to the No Shipment
Companies.
In addition, we preliminarily
rescinded the administrative review
with respect to An Phu Seafood
Corporation (‘‘An Phu’’), Docifish
Corporation (‘‘Docifish’’), and Godaco
Seafood Joint Stock Company
(‘‘Godaco’’) (collectively, the ‘‘New
Shipper Respondents’’) because they
notified the Department that they made
no entries during the POR other than the
entries under review in the aligned new
shipper reviews. The Department’s
examination of shipment data from CBP
confirmed that there were no other
entries of subject merchandise made by
these companies during the POR, and
no information to the contrary has been
submitted since the Preliminary Results.
Therefore, we are rescinding the
administrative review with respect to
the New Shipper Respondents.
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 calculations for Anvifish
Joint Stock Corporation (‘‘Anvifish’’)
and Vinh Hoan.8 For the reasons
explained in the Issues and Decision
Memorandum at Comment I, we have
now selected Indonesia as the primary
surrogate country. We have also made
other changes to the margin calculations
of Anvifish and Vinh Hoan.9 Finally,
the surrogate values memorandum
contains the further explanation of our
changes to the surrogate values.10
8 Vinh Hoan includes Vinh Hoan Corporation and
its affiliates Van Duc Food Export Joint Company
(‘‘Van Duc’’) and Van Duc Tien Giang (‘‘VDTG’’).
9 See accompanying Issues and Decision
Memorandum at Comments VIII and XVII and the
company-specific analysis memoranda, dated
concurrently with this notice.
10 See Memorandum to the File, through Scot T.
Fullerton, Program Manager, Office 9, from Paul
Walker, Case Analyst, ‘‘Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam: Surrogate
Values for the Final Results,’’ dated concurrently
with this notice.
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Federal Register / Vol. 78, No. 55 / Thursday, March 21, 2013 / Notices
Notice of Intent To Revoke the Order,
in Part
A. Vinh Hoan
In the Preliminary Results, we
preliminarily determined that Vinh
Hoan qualifies for revocation from the
antidumping duty order on certain
frozen fish fillets from Vietnam, and
invited parties to comment.
Pursuant to section 751(d) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), the Department ‘‘may revoke, in
whole or in part’’ an antidumping duty
order upon completion of a review
under section 751(a) of the Act. In
determining whether to revoke an
antidumping duty order in part, the
Department considers (a) whether the
company in question has sold subject
merchandise at not less than normal
value for a period of at least three
consecutive years, (b) whether the
company has agreed in writing to its
immediate reinstatement in the order, as
long as any exporter or producer is
subject to the order, if the Department
concludes that the company, subsequent
to revocation, sold the subject
merchandise at less than normal value,
and (c) whether the continued
application of the antidumping duty
order is otherwise necessary to offset
dumping.11
For these final results, Vinh Hoan has
not been assigned a zero or de minimis
margin.12 As a consequence, the
Department finds that Vinh Hoan has
not met the criteria listed in 19 CFR
351.222(b)(2)(i) and is, therefore, not
eligible for revocation.
B. QVD Food Company Ltd. (‘‘QVD’’)
In the Preliminary Results, we noted
that QVD sold subject merchandise at
less than normal value in the prior
administrative review and that this was
one of the factors which disqualified
them from revocation.13 In fact, the
Department’s policy is that a company
which requests revocation must be
selected as a mandatory respondent in
11 See
19 CFR 351.222(b)(2)(i)(A)–(C).
Memorandum to the File, from Susan
Pulongbarit, through Scot T. Fullerton, ‘‘Eighth
Administrative Review of Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam: Final
Results Analysis Memorandum for Vinh Hoan
Corporation,’’ dated March 13, 2013, at 1.
13 See Preliminary Results, 77 FR at 56187.
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12 See
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order for the Department to consider the
revocation request.14 As QVD was not
selected as a mandatory respondent,15 it
is not eligible for revocation.
Separate Rates
In our Preliminary Results, we
determined that the following
companies, in addition to Anvifish,
Vinh Hoan, and the New Shipper
Respondents, met the criteria for
separate rate status: (1) An Giang
Agriculture and Food Import-Export
Joint Stock Company; (2) Asia
Commerce Fisheries Joint Stock
Company; (3) Binh An Seafood Joint
Stock Company; (4) Cadovimex II
Seafood Import-Export and Processing
Joint Stock Company; (5) Hiep Thanh
Seafood Joint Stock Company; (6) Hung
Vuong Corporation; (7) Nam Viet
Corporation; (8) NTSF Seafoods Joint
Stock Company; (9) QVD; (10) Saigon
Mekong Fishery Co., Ltd.; (11) Southern
Fisheries Industries Company Ltd.; and
(12) Vinh Quang Fisheries Corporation
(collectively, the ‘‘Separate Rate
Respondents’’).16 We have not received
any information since the issuance of
the Preliminary Results that provides a
basis for reconsideration of these
determinations. Therefore, the
Department continues to find that the
Separate Rate Respondents meet the
criteria for a separate rate.
Rate for Non-Selected Companies
We selected Anvifish and Vinh Hoan
as mandatory respondents in this
administrative review.17 The statute and
the Department’s regulations do not
directly address the establishment of a
rate to be applied to companies not
selected for individual examination
where the Department limited its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, the Department’s
14 See, e.g., Certain Frozen Warmwater Shrimp
from the Socialist Republic of Vietnam: Preliminary
Results, Partial Rescission, and Request for
Revocation, In Part, of the Fifth Administrative
Review, 76 FR 12054 (March 4, 2011) unchanged in
Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Final Results and
Final Partial Rescission of Antidumping Duty
Administrative Review, 76 FR 56158 (September 12,
2011).
15 See Preliminary Results, 77 FR at 56180.
16 See id. at 56182.
17 Id. at 56180.
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practice in cases involving limited
selection based on exporters accounting
for the largest volumes of trade has been
to look to section 735(c)(5) of the Act for
guidance, which provides instructions
for calculating the all-others rate in an
investigation. Section 735(c)(5)(A) of the
Act instructs that we are not to calculate
an all-others rate using any zero or de
minimis margins or any margins based
entirely on facts available. Section
735(c)(5)(B) of the Act also provides
that, where all margins are zero rates, de
minimis rates, or rates based entirely on
facts available, we may use ‘‘any
reasonable method’’ for assigning the
rate to non-selected respondents. In the
Preliminary Results, because we did not
calculate margins for Anvifish and Vinh
Hoan, and in accordance with
Bearings,18 we assigned zero percent
margins to the Separate Rate
Companies. However, in the final
results, we have calculated rates above
de minimis for Anvifish and Vinh Hoan.
Therefore, consistent with section
735(c)(5)(A) of the Act and the
Department’s practice, we have assigned
the average rate calculated for Anvifish
and Vinh Hoan to the Separate Rate
Respondents. Because the rates
calculated for Anvifish and Vinh Hoan
have changed since the Preliminary
Results, the margin assigned to the
Separate Rate Respondents has also
changed accordingly.
Vietnam-Wide Rate and Vietnam-Wide
Entity
In the Preliminary Results, we
determined that three companies failed
to demonstrate their eligibility for a
separate rate.19 Therefore, we
preliminarily assigned the entity a rate
of 2.11 USD/kg, the current rate applied
to the Vietnam-wide entity. We have not
received any information since issuance
of the Preliminary Results that provides
a basis for reconsidering this
determination, and will therefore
continue to apply the entity rate of 2.11
USD/kg to these three companies.
18 Id. at 56182 (citing Ball Bearings and Parts
Thereof From France, Germany, and Italy:
Preliminary Results of Antidumping Duty
Administrative Reviews and Rescission of
Antidumping Duty Administrative Reviews in Part,
77 FR 33159 (June 5, 2012) (‘‘Bearings’’)).
19 Id. at 56183.
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Final Results of the Administrative
Reviews
The weighted-average dumping
margins for the administrative review
are as follows:
Weighted-average
margin
(dollars/
kilogram) 20
Exporter
Vinh Hoan Corporation 21 ..............................................................................................................................................................
Anvifish Joint Stock Company 22 ...................................................................................................................................................
An Giang Agriculture and Food Import-Export Joint Stock Company ..........................................................................................
Asia Commerce Fisheries Joint Stock Company ..........................................................................................................................
Binh An Seafood Joint Stock Company ........................................................................................................................................
Cadovimex II Seafood Import-Export and Processing Joint Stock Company ..............................................................................
Hiep Thanh Seafood Joint Stock Company ..................................................................................................................................
Hung Vuong Corporation ...............................................................................................................................................................
Nam Viet Corporation ....................................................................................................................................................................
NTSF Seafoods Joint Stock Company ..........................................................................................................................................
QVD Food Company Ltd 23 ...........................................................................................................................................................
Saigon Mekong Fishery Co., Ltd ...................................................................................................................................................
Southern Fisheries Industries Company Ltd .................................................................................................................................
Vinh Quang Fisheries Corporation ................................................................................................................................................
Vietnam-Wide Rate 24 ....................................................................................................................................................................
0.19
1.34
0.77
0.77
0.77
0.77
0.77
0.77
0.77
0.77
0.77
0.77
0.77
0.77
2.11
The weighted-average dumping
margins for the new shipper reviews are
as follows:
Weighted-average
margin
(dollars/kilogram)
Manufacturer
Exporter
An Phu Seafood Corporation ..................................................
Docifish Corporation ................................................................
An Phat Import-Export Seafood Co. Ltd .................................
An Phu Seafood Corporation ..................................................
Docifish Corporation ................................................................
Godaco Seafood Joint Stock Company ..................................
1.37
3.87
1.81
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. The
Department intends to issue appropriate
assessment instructions directly to CBP
15 days after publication of the final
results of this administrative review.
For assessment purposes, we
calculated importer (or customer)specific assessment rates for
merchandise subject to this review. We
will continue to direct CBP to assess
importer-specific assessment rates based
on the resulting per-unit (i.e., perkilogram) rates by the weight in
kilograms of each entry of the subject
merchandise during the POR.
Specifically, we calculated importerspecific duty assessment rates on a perunit rate basis by dividing the total
dumping margins (calculated as the
difference between normal value and
export price, or constructed export
price) for each importer by the total
sales quantity of subject merchandise
sold to that importer during the POR. If
an importer (or customer)-specific
assessment rate is de minimis (i.e., less
than 0.50 percent), the Department will
instruct CBP to assess that importer (or
customer’s) entries of subject
merchandise without regard to
antidumping duties, in accordance with
19 CFR 351.106(c)(2).
20 In the third administrative review of this order,
the Department determined that it would calculate
per-unit assessment and cash deposit rates for all
future reviews. See Certain Frozen Fish Fillets from
the Socialist Republic of Vietnam: Final Results of
Antidumping Duty Administrative Review and
Partial Rescission, 73 FR 15479 (March 24, 2008).
21 This rate is applicable to the Vinh Hoan Group
which includes Vinh Hoan, Van Duc, and VDTG.
In the sixth review of this order, the Department
found Vinh Hoan, Van Duc, and VDTG to be a
single entity and, because there have been no
changes to this determination since that
administrative review, we continue to find these
companies to be part of a single entity. Therefore,
we will assign this rate to the companies in the
single entity. See Certain Frozen Fish Fillets From
the Socialist Republic of Vietnam: Notice of
Preliminary Results and Partial Rescission of the
Sixth Antidumping Duty Administrative Review
and Sixth New Shipper Review, 75 FR 56061
(September 15, 2010).
22 Includes the trade name Anvifish Co., Ltd.
23 This rate is also applicable to QVD Dong Thap
Food Co., Ltd and Thuan Hung Co., Ltd.
(‘‘THUFICO’’). In the second review of this order,
the Department found QVD, QVD Dong Thap Food
Co., Ltd. and THUFICO to be a single entity and,
because there have been no changes to this
determination since that administrative review, we
continue to find these companies to be part of a
single entity. Therefore, we will assign this rate to
the companies in the single entity. See Certain
Frozen Fish Fillets from the Socialist Republic of
Vietnam: Preliminary Results of Antidumping Duty
Administrative Review, 71 FR 53387 (September 11,
2006).
24 The Vietnam-wide rate includes the following
companies which are under review, but which did
not submit a separate rate application or
certification: Nam Viet Company Limited; East Sea
Seafoods Joint Venture Co., Ltd.; and Vinh Hoan
Company, Ltd.
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Assessment Rates
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Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
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date, as provided for by section
751(a)(2)(C) of the Act: (1) For the
exporters listed above, the cash deposit
rate will be the rate established in the
final results of review (except, if the rate
is zero or de minimis, i.e., less than 0.5
percent, a zero cash deposit rate will be
required for that company); (2) for
previously investigated or reviewed
Vietnamese and non-Vietnamese
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 2.11 USD/kg; and
(4) for all non-Vietnamese exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
Vietnamese exporters that supplied that
non-Vietnamese exporter. The deposit
requirements, when imposed, shall
remain in effect until further notice.
The following cash deposit
requirements will be effective upon
publication of the final results of these
new shipper reviews for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For subject
merchandise produced and exported by
An Phu, Docifish and Godaco, the cash
deposit rate will be the rate established
in the final results of these new shipper
reviews; (2) for subject merchandise
exported by An Phu, Docifish and
Godaco, but not manufactured by An
Phu, Docifish and Godaco, respectively,
the cash deposit rate will continue to be
the Vietnam-wide rate, i.e., $2.11/kg;
and (3) for subject merchandise
manufactured by An Phu, Docifish and
Godaco, but exported by any other
party, the cash deposit rate will also be
the Vietnam-wide rate. The cash deposit
requirements, when imposed, shall
remain in effect until further notice.
emcdonald on DSK67QTVN1PROD with NOTICES
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.
VerDate Mar<14>2013
15:09 Mar 20, 2013
Jkt 229001
Administrative Protective Orders
DEPARTMENT OF COMMERCE
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 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 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 violation
which is subject to sanction.
We are issuing and publishing these
administrative reviews and notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
National Oceanic and Atmospheric
Administration
Dated: March 13, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I—Issues and Decision
Memorandum
Comment I: Selection of the Surrogate
Country
A. Economic Comparability
B. Significant Producer of Comparable
Merchandise
C. Data Considerations—Whole Live Fish
Comment II: Surrogate Financial Ratios
Comment III: Labor
Comment IV: Sawdust
Comment V: Rice Husk
Comment VI: Zeroing
Comment VII: By-Products
A. Fish Waste, Fish Belly, and Fish Skin
B. Fish Oil and Fish Meal
C. Frozen Broken Meat
D. Fresh Broken Meat
Company-Specific Issues
Comment VIII: Application of AFA to Vinh
Hoan
Comment IX: Vinh Hoan’s Gross Weight vs.
Net Weight
Comment X: Vinh Hoan’s Revocation
Comment XI: Vinh Hoan’s Whole Fish
Consumption
Comment XII: Vinh Hoan’s Imputed
Expenses for Constructed Export Price
Comment XIII: Vinh Hoan’s Market Economy
Purchases
Comment XIV: Vinh Hoan’s Verification
Report Clarifications
Comment XV: Vinh Hoan’s Programming
Changes
Comment XVI: GODACO’s & DOCIFISH’s
Revised Databases
Comment XVII: An Phu’s Tape and Strap
Calculation
[FR Doc. 2013–06550 Filed 3–20–13; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
Proposed Information Collection;
Comment Request; Western Pacific
Community Development Program
Process
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
SUMMARY: The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before May 20, 2013.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at JJessup@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Jarad Makaiau (808) 944–
2108 or Jarad.Makaiau@noaa.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
This request is for an extension of a
currently approved information
collection.
The Federal regulations at 50 CFR
part 665 authorize the Regional
Administrator of the National Marine
Fisheries Service (NMFS), Pacific Island
Region to provide eligible western
Pacific communities with access to
fisheries that they have traditionally
depended upon, but may not have the
capabilities to support continued and
substantial participation, possibly due
to economic, regulatory, or other
barriers. To be eligible to participate in
the western Pacific community
development program, a community
must meet the criteria set forth in 50
CFR part 665.20, and submit a
community development plan that
describes the purposes and goals of the
plan, the justification for proposed
fishing activities, and the degree of
involvement by the indigenous
community members, including contact
information.
E:\FR\FM\21MRN1.SGM
21MRN1
]]>Agencies
[Federal Register Volume 78, Number 55 (Thursday, March 21, 2013)]
[Notices]
[Pages 17350-17354]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06550]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Final Results of Antidumping Duty Administrative Review and
New Shipper Reviews; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') published the
Preliminary Results of the eighth administrative review and aligned new
shipper reviews on certain frozen fish fillets from the Socialist
Republic of Vietnam (``Vietnam'') on September 12, 2012.\1\ We gave
interested parties an opportunity to comment on the Preliminary
Results. Based upon our analysis of the comments and information
received, we made changes to the margin calculations for these final
results. The final dumping margins are listed below in the ``Final
Results of the Administrative Reviews'' section of this notice. The
period of review (``POR'') is August 1, 2010, through July 31, 2011.
---------------------------------------------------------------------------
\1\ See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Preliminary Results of the Eighth Antidumping Duty
Administrative Review and Ninth New Shipper Reviews, Partial
Rescission of Review, and Intent to Revoke Order in Part, 77 FR
56180 (September 12, 2012) (``Preliminary Results'').
---------------------------------------------------------------------------
DATES: Effective Date: March 21, 2013.
FOR FURTHER INFORMATION CONTACT: Paul Walker (Anvifish), Susan
Pulongbarit (Vinh Hoan), Alex Montoro (An Phu and Godaco) or Seth
Isenberg (Docifish), AD/CVD Operations, Office 9, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution
[[Page 17351]]
Avenue NW., Washington, DC 20230; telephone 202-482-0413, 202-482-4031,
202-482-0238, or 202-482-0588, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the Preliminary Results on September 12,
2012.\2\ Between November 20, 2012 and December 4, 2012 interested
parties submitted surrogate value data for consideration in the final
results. On December 12, 2012, the Department released verification
reports for its verification of Vinh Hoan Corporation (``Vinh
Hoan'').\3\ On December 13, 2012, the Department extended the final
results to March 13, 2013.\4\ Between December 21, 2012 and January 17,
2013, interested parties submitted case and rebuttal briefs. On
February 21, 2013 the Department held both public and closed hearings.
---------------------------------------------------------------------------
\2\ Id.
\3\ See Memorandum to the File, from Susan Pulongbarit, through
Scot T. Fullerton, ``Verification of the Sales and Factors of
Production Response of Vinh Hoan Corporation in the 2010-2011
Administrative Review of Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam,'' dated December 14, 2012; see also
Memorandum to the File, from Susan Pulongbarit and Kabir Archuletta,
through Scot T. Fullerton, ``Verification of the CEP Sales Response
of Vinh Hoan Corporation in the 8th Antidumping Duty Administrative
Review of Certain Frozen Fish Fillets from the Socialist Republic of
Vietnam,'' dated December 14, 2012.
\4\ See Memorandum to Gary Taverman, Senior Advisor, through
James Doyle, Office Director, from Paul Walker, Case Analyst,
``Certain Frozen Fish Fillets from the Socialist Republic of
Vietnam: Extension of Deadline for Final Results of the Eighth
Antidumping Duty Administrative Review and Aligned New Shipper
Reviews,'' dated December 13, 2012.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to 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. The products are currently classifiable under the
Harmonized Tariff Schedule of the United States (``HTSUS'') subheadings
1604.19.4000, 1604.19.5000, 0305.59.4000, 0304.29.6033 (Frozen Fish
Fillets of the species Pangasius including basa and tra). Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the scope of the order remains
dispositive.\5\
---------------------------------------------------------------------------
\5\ See ``Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Issues and Decision Memorandum for the Final
Results of the Eighth Administrative Review and Aligned New Shipper
Reviews,'' dated concurrently with this notice (``Issues and
Decision Memorandum'') and incorporated herein by reference, for a
complete description of the Scope of the Order.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
these reviews are addressed in the Issues and Decision Memorandum. A
list of the issues which parties raised is attached to this notice as
Appendix I. The Issues and Decision Memorandum is a public document and
is on file in the Central Records Unit (``CRU''), Room 7046 of the main
Department of Commerce building, as well as electronically via Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS''). IA ACCESS is available to
registered users at https://iaaccess.trade.gov and in the CRU. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly on the internet at https://www.trade.gov/ia/. The
signed Issues and Decision Memorandum and the electronic versions of
the Issues and Decision Memorandum are identical in content.
Final Partial Rescission
In the Preliminary Results, the Department preliminarily rescinded
the administrative review with respect to seven companies: (1) Bien
Dong Seafood Company Ltd.; (2) International Development & Investment
Corporation; (3) Cuu Long Fish Joint Stock Company; (4) Thien Ma
Seafood Co., Ltd.; (5) East Sea Seafoods Limited Liability Company; \6\
(6) Cantho Import-Export Seafood Joint Stock Company; and (7) Thuan An
Production Trading & Services Co., Ltd. (collectively, the ``No
Shipment Companies''). These companies reported that they had no
shipments of subject merchandise to the United States during the POR,
and our examination of shipment data from U.S. Customs and Border
Protection (``CBP'') confirmed that there were no entries of subject
merchandise made by these companies during the POR.\7\ Subsequent to
the Preliminary Results, the Department did not receive any comments or
information indicating that the No Shipment Companies made sales of
subject merchandise to the United States during the POR. Therefore,
pursuant to 19 CFR 351.213(d)(3), we are rescinding the administrative
review with respect to the No Shipment Companies.
---------------------------------------------------------------------------
\6\ Includes the trade name East Sea Seafoods LLC.
\7\ See Preliminary Results, 77 FR at 56181.
---------------------------------------------------------------------------
In addition, we preliminarily rescinded the administrative review
with respect to An Phu Seafood Corporation (``An Phu''), Docifish
Corporation (``Docifish''), and Godaco Seafood Joint Stock Company
(``Godaco'') (collectively, the ``New Shipper Respondents'') because
they notified the Department that they made no entries during the POR
other than the entries under review in the aligned new shipper reviews.
The Department's examination of shipment data from CBP confirmed that
there were no other entries of subject merchandise made by these
companies during the POR, and no information to the contrary has been
submitted since the Preliminary Results. Therefore, we are rescinding
the administrative review with respect to the New Shipper Respondents.
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 calculations for Anvifish Joint Stock
Corporation (``Anvifish'') and Vinh Hoan.\8\ For the reasons explained
in the Issues and Decision Memorandum at Comment I, we have now
selected Indonesia as the primary surrogate country. We have also made
other changes to the margin calculations of Anvifish and Vinh Hoan.\9\
Finally, the surrogate values memorandum contains the further
explanation of our changes to the surrogate values.\10\
---------------------------------------------------------------------------
\8\ Vinh Hoan includes Vinh Hoan Corporation and its affiliates
Van Duc Food Export Joint Company (``Van Duc'') and Van Duc Tien
Giang (``VDTG'').
\9\ See accompanying Issues and Decision Memorandum at Comments
VIII and XVII and the company-specific analysis memoranda, dated
concurrently with this notice.
\10\ See Memorandum to the File, through Scot T. Fullerton,
Program Manager, Office 9, from Paul Walker, Case Analyst, ``Certain
Frozen Fish Fillets from the Socialist Republic of Vietnam:
Surrogate Values for the Final Results,'' dated concurrently with
this notice.
---------------------------------------------------------------------------
[[Page 17352]]
Notice of Intent To Revoke the Order, in Part
A. Vinh Hoan
In the Preliminary Results, we preliminarily determined that Vinh
Hoan qualifies for revocation from the antidumping duty order on
certain frozen fish fillets from Vietnam, and invited parties to
comment.
Pursuant to section 751(d) of the Tariff Act of 1930, as amended
(``the Act''), the Department ``may revoke, in whole or in part'' an
antidumping duty order upon completion of a review under section 751(a)
of the Act. In determining whether to revoke an antidumping duty order
in part, the Department considers (a) whether the company in question
has sold subject merchandise at not less than normal value for a period
of at least three consecutive years, (b) whether the company has agreed
in writing to its immediate reinstatement in the order, as long as any
exporter or producer is subject to the order, if the Department
concludes that the company, subsequent to revocation, sold the subject
merchandise at less than normal value, and (c) whether the continued
application of the antidumping duty order is otherwise necessary to
offset dumping.\11\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.222(b)(2)(i)(A)-(C).
---------------------------------------------------------------------------
For these final results, Vinh Hoan has not been assigned a zero or
de minimis margin.\12\ As a consequence, the Department finds that Vinh
Hoan has not met the criteria listed in 19 CFR 351.222(b)(2)(i) and is,
therefore, not eligible for revocation.
---------------------------------------------------------------------------
\12\ See Memorandum to the File, from Susan Pulongbarit, through
Scot T. Fullerton, ``Eighth Administrative Review of Certain Frozen
Fish Fillets from the Socialist Republic of Vietnam: Final Results
Analysis Memorandum for Vinh Hoan Corporation,'' dated March 13,
2013, at 1.
---------------------------------------------------------------------------
B. QVD Food Company Ltd. (``QVD'')
In the Preliminary Results, we noted that QVD sold subject
merchandise at less than normal value in the prior administrative
review and that this was one of the factors which disqualified them
from revocation.\13\ In fact, the Department's policy is that a company
which requests revocation must be selected as a mandatory respondent in
order for the Department to consider the revocation request.\14\ As QVD
was not selected as a mandatory respondent,\15\ it is not eligible for
revocation.
---------------------------------------------------------------------------
\13\ See Preliminary Results, 77 FR at 56187.
\14\ See, e.g., Certain Frozen Warmwater Shrimp from the
Socialist Republic of Vietnam: Preliminary Results, Partial
Rescission, and Request for Revocation, In Part, of the Fifth
Administrative Review, 76 FR 12054 (March 4, 2011) unchanged in
Certain Frozen Warmwater Shrimp from the Socialist Republic of
Vietnam: Final Results and Final Partial Rescission of Antidumping
Duty Administrative Review, 76 FR 56158 (September 12, 2011).
\15\ See Preliminary Results, 77 FR at 56180.
---------------------------------------------------------------------------
Separate Rates
In our Preliminary Results, we determined that the following
companies, in addition to Anvifish, Vinh Hoan, and the New Shipper
Respondents, met the criteria for separate rate status: (1) An Giang
Agriculture and Food Import-Export Joint Stock Company; (2) Asia
Commerce Fisheries Joint Stock Company; (3) Binh An Seafood Joint Stock
Company; (4) Cadovimex II Seafood Import-Export and Processing Joint
Stock Company; (5) Hiep Thanh Seafood Joint Stock Company; (6) Hung
Vuong Corporation; (7) Nam Viet Corporation; (8) NTSF Seafoods Joint
Stock Company; (9) QVD; (10) Saigon Mekong Fishery Co., Ltd.; (11)
Southern Fisheries Industries Company Ltd.; and (12) Vinh Quang
Fisheries Corporation (collectively, the ``Separate Rate
Respondents'').\16\ We have not received any information since the
issuance of the Preliminary Results that provides a basis for
reconsideration of these determinations. Therefore, the Department
continues to find that the Separate Rate Respondents meet the criteria
for a separate rate.
---------------------------------------------------------------------------
\16\ See id. at 56182.
---------------------------------------------------------------------------
Rate for Non-Selected Companies
We selected Anvifish and Vinh Hoan as mandatory respondents in this
administrative review.\17\ The statute and the Department's regulations
do not directly address the establishment of a rate to be applied to
companies not selected for individual examination where the Department
limited its examination in an administrative review pursuant to section
777A(c)(2) of the Act. Generally, the Department's practice in cases
involving limited selection based on exporters accounting for the
largest volumes of trade has been to look to section 735(c)(5) of the
Act for guidance, which provides instructions for calculating the all-
others rate in an investigation. Section 735(c)(5)(A) of the Act
instructs that we are not to calculate an all-others rate using any
zero or de minimis margins or any margins based entirely on facts
available. Section 735(c)(5)(B) of the Act also provides that, where
all margins are zero rates, de minimis rates, or rates based entirely
on facts available, we may use ``any reasonable method'' for assigning
the rate to non-selected respondents. In the Preliminary Results,
because we did not calculate margins for Anvifish and Vinh Hoan, and in
accordance with Bearings,\18\ we assigned zero percent margins to the
Separate Rate Companies. However, in the final results, we have
calculated rates above de minimis for Anvifish and Vinh Hoan.
---------------------------------------------------------------------------
\17\ Id. at 56180.
\18\ Id. at 56182 (citing Ball Bearings and Parts Thereof From
France, Germany, and Italy: Preliminary Results of Antidumping Duty
Administrative Reviews and Rescission of Antidumping Duty
Administrative Reviews in Part, 77 FR 33159 (June 5, 2012)
(``Bearings'')).
---------------------------------------------------------------------------
Therefore, consistent with section 735(c)(5)(A) of the Act and the
Department's practice, we have assigned the average rate calculated for
Anvifish and Vinh Hoan to the Separate Rate Respondents. Because the
rates calculated for Anvifish and Vinh Hoan have changed since the
Preliminary Results, the margin assigned to the Separate Rate
Respondents has also changed accordingly.
Vietnam-Wide Rate and Vietnam-Wide Entity
In the Preliminary Results, we determined that three companies
failed to demonstrate their eligibility for a separate rate.\19\
Therefore, we preliminarily assigned the entity a rate of 2.11 USD/kg,
the current rate applied to the Vietnam-wide entity. We have not
received any information since issuance of the Preliminary Results that
provides a basis for reconsidering this determination, and will
therefore continue to apply the entity rate of 2.11 USD/kg to these
three companies.
---------------------------------------------------------------------------
\19\ Id. at 56183.
---------------------------------------------------------------------------
[[Page 17353]]
Final Results of the Administrative Reviews
The weighted-average dumping margins for the administrative review
are as follows:
------------------------------------------------------------------------
Weighted-average
Exporter margin (dollars/
kilogram) \20\
------------------------------------------------------------------------
Vinh Hoan Corporation \21\........................... 0.19
Anvifish Joint Stock Company \22\.................... 1.34
An Giang Agriculture and Food Import-Export Joint 0.77
Stock Company.......................................
Asia Commerce Fisheries Joint Stock Company.......... 0.77
Binh An Seafood Joint Stock Company.................. 0.77
Cadovimex II Seafood Import-Export and Processing 0.77
Joint Stock Company.................................
Hiep Thanh Seafood Joint Stock Company............... 0.77
Hung Vuong Corporation............................... 0.77
Nam Viet Corporation................................. 0.77
NTSF Seafoods Joint Stock Company.................... 0.77
QVD Food Company Ltd \23\............................ 0.77
Saigon Mekong Fishery Co., Ltd....................... 0.77
Southern Fisheries Industries Company Ltd............ 0.77
Vinh Quang Fisheries Corporation..................... 0.77
Vietnam-Wide Rate \24\............................... 2.11
------------------------------------------------------------------------
---------------------------------------------------------------------------
\20\ In the third administrative review of this order, the
Department determined that it would calculate per-unit assessment
and cash deposit rates for all future reviews. See Certain Frozen
Fish Fillets from the Socialist Republic of Vietnam: Final Results
of Antidumping Duty Administrative Review and Partial Rescission, 73
FR 15479 (March 24, 2008).
\21\ This rate is applicable to the Vinh Hoan Group which
includes Vinh Hoan, Van Duc, and VDTG. In the sixth review of this
order, the Department found Vinh Hoan, Van Duc, and VDTG to be a
single entity and, because there have been no changes to this
determination since that administrative review, we continue to find
these companies to be part of a single entity. Therefore, we will
assign this rate to the companies in the single entity. See Certain
Frozen Fish Fillets From the Socialist Republic of Vietnam: Notice
of Preliminary Results and Partial Rescission of the Sixth
Antidumping Duty Administrative Review and Sixth New Shipper Review,
75 FR 56061 (September 15, 2010).
\22\ Includes the trade name Anvifish Co., Ltd.
\23\ This rate is also applicable to QVD Dong Thap Food Co., Ltd
and Thuan Hung Co., Ltd. (``THUFICO''). In the second review of this
order, the Department found QVD, QVD Dong Thap Food Co., Ltd. and
THUFICO to be a single entity and, because there have been no
changes to this determination since that administrative review, we
continue to find these companies to be part of a single entity.
Therefore, we will assign this rate to the companies in the single
entity. See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Preliminary Results of Antidumping Duty Administrative
Review, 71 FR 53387 (September 11, 2006).
\24\ The Vietnam-wide rate includes the following companies
which are under review, but which did not submit a separate rate
application or certification: Nam Viet Company Limited; East Sea
Seafoods Joint Venture Co., Ltd.; and Vinh Hoan Company, Ltd.
---------------------------------------------------------------------------
The weighted-average dumping margins for the new shipper reviews
are as follows:
------------------------------------------------------------------------
Weighted-average
Manufacturer Exporter margin (dollars/
kilogram)
------------------------------------------------------------------------
An Phu Seafood Corporation.... An Phu Seafood 1.37
Corporation.
Docifish Corporation.......... Docifish Corporation. 3.87
An Phat Import-Export Seafood Godaco Seafood Joint 1.81
Co. Ltd. Stock Company.
------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department will determine, and CBP shall assess, antidumping duties
on all appropriate entries of subject merchandise in accordance with
the final results of this review. The Department intends to issue
appropriate assessment instructions directly to CBP 15 days after
publication of the final results of this administrative review.
For assessment purposes, we calculated importer (or customer)-
specific assessment rates for merchandise subject to this review. We
will continue to 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. Specifically, we calculated importer-specific duty assessment
rates on a per-unit rate basis by dividing the total dumping margins
(calculated as the difference between normal value and export price, or
constructed export price) for each importer by the total sales quantity
of subject merchandise sold to that importer during the POR. If an
importer (or customer)-specific assessment rate is de minimis (i.e.,
less than 0.50 percent), the Department will instruct CBP to assess
that importer (or customer's) entries of subject merchandise without
regard to antidumping duties, in accordance with 19 CFR 351.106(c)(2).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication
[[Page 17354]]
date, as provided for by section 751(a)(2)(C) of the Act: (1) For the
exporters listed above, the cash deposit rate will be the rate
established in the final results of review (except, if the rate is zero
or de minimis, i.e., less than 0.5 percent, a zero cash deposit rate
will be required for that company); (2) for previously investigated or
reviewed Vietnamese and non-Vietnamese 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 2.11 USD/kg; and (4) for all non-Vietnamese
exporters of subject merchandise which have not received their own
rate, the cash deposit rate will be the rate applicable to the
Vietnamese exporters that supplied that non-Vietnamese exporter. The
deposit requirements, when imposed, shall remain in effect until
further notice.
The following cash deposit requirements will be effective upon
publication of the final results of these new shipper reviews for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For subject
merchandise produced and exported by An Phu, Docifish and Godaco, the
cash deposit rate will be the rate established in the final results of
these new shipper reviews; (2) for subject merchandise exported by An
Phu, Docifish and Godaco, but not manufactured by An Phu, Docifish and
Godaco, respectively, the cash deposit rate will continue to be the
Vietnam-wide rate, i.e., $2.11/kg; and (3) for subject merchandise
manufactured by An Phu, Docifish and Godaco, but exported by any other
party, the cash deposit rate will also be the Vietnam-wide rate. The
cash deposit requirements, when imposed, shall remain in effect until
further notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (``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 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 violation which is subject to sanction.
We are issuing and publishing these administrative reviews and
notice in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: March 13, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I--Issues and Decision Memorandum
Comment I: Selection of the Surrogate Country
A. Economic Comparability
B. Significant Producer of Comparable Merchandise
C. Data Considerations--Whole Live Fish
Comment II: Surrogate Financial Ratios
Comment III: Labor
Comment IV: Sawdust
Comment V: Rice Husk
Comment VI: Zeroing
Comment VII: By-Products
A. Fish Waste, Fish Belly, and Fish Skin
B. Fish Oil and Fish Meal
C. Frozen Broken Meat
D. Fresh Broken Meat
Company-Specific Issues
Comment VIII: Application of AFA to Vinh Hoan
Comment IX: Vinh Hoan's Gross Weight vs. Net Weight
Comment X: Vinh Hoan's Revocation
Comment XI: Vinh Hoan's Whole Fish Consumption
Comment XII: Vinh Hoan's Imputed Expenses for Constructed Export
Price
Comment XIII: Vinh Hoan's Market Economy Purchases
Comment XIV: Vinh Hoan's Verification Report Clarifications
Comment XV: Vinh Hoan's Programming Changes
Comment XVI: GODACO's & DOCIFISH's Revised Databases
Comment XVII: An Phu's Tape and Strap Calculation
[FR Doc. 2013-06550 Filed 3-20-13; 8:45 am]
BILLING CODE 3510-DS-P
