Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Amended Final Results of Antidumping Duty Administrative Review; 2010-2011, 29323-29325 [2013-11965]
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Federal Register / Vol. 78, No. 97 / Monday, May 20, 2013 / Notices
to the order. Although the HTSUS
subheadings are provided for
convenience and for customs purposes,
the written description of the
merchandise, as set forth in the order,
is dispositive.2
Final Determination of No Shipments
In the Preliminary Results, we
preliminarily determined that Shanghai
Jinneng did not have any reviewable
transactions during the POR. Shanghai
Jinneng submitted a timely-filed
certification that it had no sales of
subject merchandise to the United
States during the POR.3 Consistent with
the Department’s assessment practice in
non-market economy (‘‘NME’’) cases, we
stated in the Preliminary Results that
the Department would not rescind the
review in these circumstances but,
rather, would complete the review with
respect to Shanghai Jinneng and issue
appropriate instructions to U.S.
Customs and Border Protection (‘‘CBP’’)
based on the final results of the review.
As stated above, we did not receive any
comments on our Preliminary Results
nor did we receive information from
CBP indicating that there were
reviewable transactions from Shanghai
Jinneng during the POR. Therefore, we
continue to determine that Shanghai
Jinneng had no reviewable transactions
of subject merchandise during the POR.
Consistent with our ‘‘automatic
assessment’’ clarification, the
Department will issue appropriate
instructions to CBP based on our final
results.4
Assessment
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 these final results of
review. The Department recently
announced a refinement to its
assessment practice in NME cases.5
Pursuant to this refinement in practice,
if the Department determines that an
exporter under review had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s case number (i.e.,
at that exporter’s rate) will be liquidated
at the NME-wide rate.6
mstockstill on DSK4VPTVN1PROD with NOTICES
2 See
Silicon Metal From the People’s Republic of
China: Continuation of Antidumping Duty Order,
77 FR 23660 (April 20, 2012).
3 See Preliminary Results, 78 FR at 13321.
4 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (‘‘Assessment Practice
Refinement’’). See also the ‘‘Assessment’’ section of
this notice, below.
5 See Assessment Practice Refinement.
6 See id., 76 FR at 65694.
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19:09 May 17, 2013
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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 from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For Shanghai
Jinneng, which claimed no shipments,
the cash deposit rate will remain
unchanged from the rate assigned to the
company in the most recently
completed review of the company; (2)
for previously investigated or reviewed
PRC and non-PRC exporters who are not
under review in this segment of the
proceeding but who have separate rates,
the cash deposit rate will continue to be
the exporter-specific rate published for
the most recent period; (3) for all PRC
exporters of subject merchandise that
have not been found to be entitled to a
separate rate the cash deposit rate will
be the PRC-wide rate of 139.49
percent; 7 and (4) for all non-PRC
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporter(s) that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers Regarding the
Reimbursement of Duties
This notice 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
This notice also serves as a reminder
to parties subject to the administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the destruction of APO
materials or conversion to judicial
protective order is hereby requested.
7 For an explanation of the calculation of the PRCwide rate, see Final Determination of Sales at Less
Than Fair Value: Silicon Metal from the People’s
Republic of China, 56 FR 18570, 18571–2 (April 23,
1991).
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29323
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
We are issuing and publishing these
results and this notice in accordance
with sections 751(a)(1) and 777(i) of the
Act and 19 CFR 351.213(d)(4).
Dated: May 14, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2013–11968 Filed 5–17–13; 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:
Amended Final Results of
Antidumping Duty Administrative
Review; 2010–2011
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(the ‘‘Department’’) is amending the
final results of the eighth administrative
review and aligned new shipper reviews
on certain frozen fish fillets (‘‘fish
fillets’’) from the Socialist Republic of
Vietnam (‘‘Vietnam’’) to correct certain
ministerial errors.1 The period of review
(‘‘POR’’) is August 1, 2010, through July
31, 2011.
SUMMARY:
DATES:
Effective Date: May 20, 2013.
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 Avenue NW., Washington,
DC 20230; telephone 202–482–0413,
202–482–4031, 202–482–0238, or 202–
482–0588, respectively.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
On March 15, 2013 the Department
disclosed to interested parties its
calculations for the Final Results.
Between March 20, and March 25, 2013,
we received ministerial error comments
1 See Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Final Results of Antidumping
Duty Administrative Review and New Shipper
Reviews; 2010–2011, 78 FR 17350 (March 21, 2013)
(‘‘Final Results’’).
E:\FR\FM\20MYN1.SGM
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29324
Federal Register / Vol. 78, No. 97 / Monday, May 20, 2013 / Notices
and rebuttal comments from interested
parties.2
Weightedaverage
margin
(USD/kg) 3
Exporter
Scope of the Order
For a full description of the products
covered by the antidumping duty order,
see Memorandum to Paul Piquado,
Assistant Secretary for Import
Administration, through Gary
Taverman, Senior Advisor for
Antidumping and Countervailing Duty
Operations, from James C. Doyle,
Director, Office 9, ‘‘Eighth
Administrative Review and Aligned
New Shipper Reviews of Certain Frozen
Fish Fillets from the Socialist Republic
of Vietnam: Ministerial Error Allegation
Memorandum,’’ dated concurrently
with this notice (‘‘Ministerial Error
Memo’’), which is incorporated by
reference.
Ministerial Errors
Section 751(h) of the Tariff Act of
1930, as amended (the ‘‘Act’’), and 19
CFR 351.224(f) define a ‘‘ministerial
error’’ as an error ‘‘in addition,
subtraction, or other arithmetic
function, clerical error resulting from
inaccurate copying, duplication, or the
like, and any similar type of
unintentional error which the Secretary
considers ministerial.’’ After analyzing
interested parties’ ministerial error
comments, we have determined, in
accordance with section 751(h) of the
Act and 19 CFR 351.224(e), that we
made the following ministerial errors in
our calculations for the Final Results: (a)
We unintentionally mislabeled
Anvifish’s whole fish usage rate; (b) we
inadvertently miscalculated Docifish’s
diesel fuel consumption; and (c) we
unintentionally included returned sales
in Anvifish’s and Vinh Hoan’s margin
calculations. For a detailed discussion
of all alleged ministerial errors, as well
as the Department’s analysis, see the
Ministerial Error Memo.
In accordance with section 751(h) of
the Act and 19 CFR 351.224(e), we are
amending the Final Results of the
administrative review of fish fillets from
Vietnam. The revised weighted-average
dumping margins are detailed below.
mstockstill on DSK4VPTVN1PROD with NOTICES
Amended Final Results of the
Administrative Review
The amended weighted-average
dumping margins for the administrative
review are as follows:
2 The interested parties include: The Catfish
Farmers of America, and individual U.S. catfish
processors (collectively ‘‘Petitioners’’), An Phu
Seafood Corporation (‘‘An Phu’’), Anvifish Joint
Stock Company (‘‘Anvifish’’), Docifish Corporation
(‘‘DOCIFISH’’), Godaco Seafood Joint Stock
Company (‘‘GODACO’’), and Vinh Hoan
Corporation (‘‘Vinh Hoan’’).
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19:09 May 17, 2013
Jkt 229001
Vinh Hoan Corporation 4 ...........
Anvifish Joint Stock Company 5
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 ImportExport 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. 6 .......
Saigon Mekong Fishery Co.,
Ltd .........................................
Southern Fisheries Industries
Company Ltd .........................
Vinh Quang Fisheries Corporation ........................................
Vietnam-Wide Rate 7 ................
We will disclose the calculations
performed for these amended final
results to interested parties within five
0.19
days of the date of publication of this
2.39
notice in accordance with 19 CFR
351.224(b).
1.29
Assessment Rates
1.29
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), the
Department will determine, and U.S.
Customs and Border Protection (‘‘CBP’’)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
amended final results of this review.
The Department intends to issue
appropriate assessment instructions
directly to CBP 15 days after publication
of the amended final results of this
administrative review and new shipper
reviews. However, on April 9, 17 and
23, 2013, the U.S. Court of International
Trade issued preliminary injunctions
enjoining liquidation of certain entries
made during the POR which are subject
to the antidumping duty order on fish
fillets from Vietnam.9 Accordingly, the
Department will not issue assessment
instructions to CBP for any entries
subject to the above-mentioned
injunctions after publication of this
notice.
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-kg)
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).
1.29
1.29
1.29
1.29
1.29
1.29
1.29
1.29
1.29
1.29
8 2.11
3 In the third administrative review of the 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, 15480–81 (March
24, 2008).
4 This rate is applicable to the Vinh Hoan Group,
which includes Vinh Hoan, Van Duc Food Export
Joint Company and Van Duc Tien Giang. In the
sixth review of the order, the Department found
Vinh Hoan, Van Duc, and VDTG to be a 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 56062, 56068
(September 15, 2010). Because there has been no
evidence submitted since that review which would
call this determination into question, 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.
5 Includes the trade name Anvifish Co., Ltd.
6 This rate is also applicable to QVD Dong Thap
Food Co., Ltd. (‘‘Dong Thap’’) and Thuan Hung Co.,
Ltd. (‘‘THUFICO’’). In the second review of this
order, the Department found QVD Food Company
Limited, Dong Thap 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).
7 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.
8 The rate for the Vietnam-wide entity did not
change from the Final Results.
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Fmt 4703
Sfmt 4703
Disclosure
9 See Anvifish Joint Stock Company v. United
States, CIT Court No. 13–00138, dated April 9,
2013; Vietnam Association of Seafood Exporters
and Producers v. United States, CIT Court No. 13–
141, dated April 17, 2013; Binh An Seafood Joint
Stock Company v. United States, CIT Court No. 13–
155, dated April 23, 2013.
E:\FR\FM\20MYN1.SGM
20MYN1
Federal Register / Vol. 78, No. 97 / Monday, May 20, 2013 / Notices
Cash Deposit Requirements
The following cash deposit
requirements will be effective
retroactively on any entries made after
March 21, 2013, the date of publication
of the Final Results, for all shipments of
the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the amended final results of this
administrative review, 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 amended 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.
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.
mstockstill on DSK4VPTVN1PROD with NOTICES
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.
VerDate Mar<15>2010
19:09 May 17, 2013
Jkt 229001
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
These amended final results are
published in accordance with sections
751(h) and 777(i)(1) of the Act.
Dated: May 9, 2013.
Paul Piquado
Assistant Secretary for Import
Administration.
[FR Doc. 2013–11965 Filed 5–17–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–843, A–570–990, A–549–829]
Prestressed Concrete Steel Rail Tie
Wire From Mexico, the People’s
Republic of China, and Thailand:
Initiation of Antidumping Duty
Investigations
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 20, 2013.
FOR FURTHER INFORMATION CONTACT:
Rebecca Trainor (Mexico), Brian Smith
(the People’s Republic of China (the
‘‘PRC’’)), or Kate Johnson (Thailand) at
(202) 482–4007, (202) 482–1766, or
(202) 482–4929, respectively, AD/CVD
Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petitions
On April 23, 2013, the Department of
Commerce (the ‘‘Department’’) received
antidumping duty (‘‘AD’’) petitions
concerning imports of prestressed
concrete steel rail tie wire (‘‘PC tie
wire’’) from Mexico, the PRC, and
Thailand filed in proper form on behalf
of Davis Wire Corporation and Insteel
Wire Products Company (collectively,
the ‘‘petitioners’’).1 The petitioners are
domestic producers of PC tie wire. On
April 26, 2013, the Department
requested additional information and
clarification of certain areas of the
petitions. The petitioners filed
responses to these requests on May 1,
2013.2
1 See Antidumping Duty Petitions on Prestressed
Concrete Steel Rail Tie Wire from the PRC, Mexico,
and Thailand, filed on April 23, 2013 (the
‘‘petitions’’).
2 See Supplement to the Mexico Petition, dated
May 1, 2013 (‘‘Supplement to the Mexico Petition’’);
Supplement to the PRC Petition, dated May 1, 2013
(‘‘Supplement to the PRC Petition’’); and
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Sfmt 4703
29325
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
‘‘Act’’), the petitioners allege that
imports of PC tie wire from Mexico, the
PRC, and Thailand are being, or are
likely to be, sold in the United States at
less than fair value within the meaning
of section 731 of the Act and that such
imports are materially injuring, or
threatening material injury to, an
industry in the United States. Also,
consistent with section 732(b)(1) of the
Act, the petitions are accompanied by
information reasonably available to the
petitioners supporting their allegations.
The Department finds that the
petitioners filed these petitions on
behalf of the domestic industry because
the petitioners are interested parties as
defined in section 771(9)(C) of the Act.
The Department also finds that the
petitioners have demonstrated sufficient
industry support with respect to the
initiation of the AD investigations that
the petitioners are requesting. See the
‘‘Determination of Industry Support for
the Petitions’’ section below.
Period of Investigation
Because the petitions were filed on
April 23, 2013, the period of
investigation (‘‘POI’’) for the PRC
investigation is October 1, 2012, through
March 31, 2013. The POI for the Mexico
and Thailand investigations is April 1,
2012, through March 31, 2013.3
Scope of the Investigations
The product covered by these
investigations is PC tie wire from
Mexico, the PRC, and Thailand. For a
full description of the scope of the
investigations, see the ‘‘Scope of the
Investigations,’’ in Appendix I of this
notice.
Comments on Scope of Investigations
During our review of the petitions, we
discussed the scope with the petitioners
to ensure that it is an accurate reflection
of the product for which the domestic
industry is seeking relief. Moreover, as
discussed in the preamble to the
regulations (Antidumping Duties;
Countervailing Duties; Final Rule, 62 FR
27296, 27323 (May 19, 1997)), we are
setting aside a period for interested
parties to raise issues regarding product
coverage. The Department encourages
all interested parties to submit such
comments by June 3, 2013, 5:00 p.m.
Eastern Standard Time, 20 calendar
days from the signature date of this
notice. All comments must be filed on
the records of the Mexico, the PRC, and
Supplement to the Thailand Petition, dated May 1,
2013 (‘‘Supplement to the Thailand Petition’’).
3 See 19 CFR 351.204(b)(1).
E:\FR\FM\20MYN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 97 (Monday, May 20, 2013)]
[Notices]
[Pages 29323-29325]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11965]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Amended Final Results of Antidumping Duty Administrative
Review; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') is amending
the final results of the eighth administrative review and aligned new
shipper reviews on certain frozen fish fillets (``fish fillets'') from
the Socialist Republic of Vietnam (``Vietnam'') to correct certain
ministerial errors.\1\ 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: Final Results of Antidumping Duty Administrative Review
and New Shipper Reviews; 2010-2011, 78 FR 17350 (March 21, 2013)
(``Final Results'').
---------------------------------------------------------------------------
DATES: Effective Date: May 20, 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 Avenue NW., Washington, DC
20230; telephone 202-482-0413, 202-482-4031, 202-482-0238, or 202-482-
0588, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 15, 2013 the Department disclosed to interested parties
its calculations for the Final Results. Between March 20, and March 25,
2013, we received ministerial error comments
[[Page 29324]]
and rebuttal comments from interested parties.\2\
---------------------------------------------------------------------------
\2\ The interested parties include: The Catfish Farmers of
America, and individual U.S. catfish processors (collectively
``Petitioners''), An Phu Seafood Corporation (``An Phu''), Anvifish
Joint Stock Company (``Anvifish''), Docifish Corporation
(``DOCIFISH''), Godaco Seafood Joint Stock Company (``GODACO''), and
Vinh Hoan Corporation (``Vinh Hoan'').
---------------------------------------------------------------------------
Scope of the Order
For a full description of the products covered by the antidumping
duty order, see Memorandum to Paul Piquado, Assistant Secretary for
Import Administration, through Gary Taverman, Senior Advisor for
Antidumping and Countervailing Duty Operations, from James C. Doyle,
Director, Office 9, ``Eighth Administrative Review and Aligned New
Shipper Reviews of Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Ministerial Error Allegation Memorandum,'' dated
concurrently with this notice (``Ministerial Error Memo''), which is
incorporated by reference.
Ministerial Errors
Section 751(h) of the Tariff Act of 1930, as amended (the ``Act''),
and 19 CFR 351.224(f) define a ``ministerial error'' as an error ``in
addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
similar type of unintentional error which the Secretary considers
ministerial.'' After analyzing interested parties' ministerial error
comments, we have determined, in accordance with section 751(h) of the
Act and 19 CFR 351.224(e), that we made the following ministerial
errors in our calculations for the Final Results: (a) We
unintentionally mislabeled Anvifish's whole fish usage rate; (b) we
inadvertently miscalculated Docifish's diesel fuel consumption; and (c)
we unintentionally included returned sales in Anvifish's and Vinh
Hoan's margin calculations. For a detailed discussion of all alleged
ministerial errors, as well as the Department's analysis, see the
Ministerial Error Memo.
In accordance with section 751(h) of the Act and 19 CFR 351.224(e),
we are amending the Final Results of the administrative review of fish
fillets from Vietnam. The revised weighted-average dumping margins are
detailed below.
Amended Final Results of the Administrative Review
The amended weighted-average dumping margins for the administrative
review are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter margin (USD/
kg) \3\
------------------------------------------------------------------------
Vinh Hoan Corporation \4\.................................. 0.19
Anvifish Joint Stock Company \5\........................... 2.39
An Giang Agriculture and Food Import-Export Joint Stock 1.29
Company...................................................
Asia Commerce Fisheries Joint Stock Company................ 1.29
Binh An Seafood Joint Stock Company........................ 1.29
Cadovimex II Seafood Import-Export and Processing Joint 1.29
Stock Company.............................................
Hiep Thanh Seafood Joint Stock Company..................... 1.29
Hung Vuong Corporation..................................... 1.29
Nam Viet Corporation....................................... 1.29
NTSF Seafoods Joint Stock Company.......................... 1.29
QVD Food Company Ltd. \6\.................................. 1.29
Saigon Mekong Fishery Co., Ltd............................. 1.29
Southern Fisheries Industries Company Ltd.................. 1.29
Vinh Quang Fisheries Corporation........................... 1.29
Vietnam-Wide Rate \7\...................................... \8\ 2.11
------------------------------------------------------------------------
---------------------------------------------------------------------------
\3\ In the third administrative review of the 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, 15480-81 (March 24, 2008).
\4\ This rate is applicable to the Vinh Hoan Group, which
includes Vinh Hoan, Van Duc Food Export Joint Company and Van Duc
Tien Giang. In the sixth review of the order, the Department found
Vinh Hoan, Van Duc, and VDTG to be a 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 56062, 56068 (September 15, 2010). Because there has been no
evidence submitted since that review which would call this
determination into question, 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.
\5\ Includes the trade name Anvifish Co., Ltd.
\6\ This rate is also applicable to QVD Dong Thap Food Co., Ltd.
(``Dong Thap'') and Thuan Hung Co., Ltd. (``THUFICO''). In the
second review of this order, the Department found QVD Food Company
Limited, Dong Thap 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).
\7\ 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.
\8\ The rate for the Vietnam-wide entity did not change from the
Final Results.
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Disclosure
We will disclose the calculations performed for these amended final
results to interested parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department will determine, and U.S. Customs and Border Protection
(``CBP'') shall assess, antidumping duties on all appropriate entries
of subject merchandise in accordance with the amended final results of
this review. The Department intends to issue appropriate assessment
instructions directly to CBP 15 days after publication of the amended
final results of this administrative review and new shipper reviews.
However, on April 9, 17 and 23, 2013, the U.S. Court of International
Trade issued preliminary injunctions enjoining liquidation of certain
entries made during the POR which are subject to the antidumping duty
order on fish fillets from Vietnam.\9\ Accordingly, the Department will
not issue assessment instructions to CBP for any entries subject to the
above-mentioned injunctions after publication of this notice.
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\9\ See Anvifish Joint Stock Company v. United States, CIT Court
No. 13-00138, dated April 9, 2013; Vietnam Association of Seafood
Exporters and Producers v. United States, CIT Court No. 13-141,
dated April 17, 2013; Binh An Seafood Joint Stock Company v. United
States, CIT Court No. 13-155, dated April 23, 2013.
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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-kg) 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).
[[Page 29325]]
Cash Deposit Requirements
The following cash deposit requirements will be effective
retroactively on any entries made after March 21, 2013, the date of
publication of the Final Results, for all shipments of the subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the publication date of the amended final results of this
administrative review, 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 amended 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.
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.
These amended final results are published in accordance with
sections 751(h) and 777(i)(1) of the Act.
Dated: May 9, 2013.
Paul Piquado
Assistant Secretary for Import Administration.
[FR Doc. 2013-11965 Filed 5-17-13; 8:45 am]
BILLING CODE 3510-DS-P
