Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Final Results of Antidumping Duty New Shipper Reviews; 2011-2012, 39708-39710 [2013-15882]
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tkelley on DSK3SPTVN1PROD with NOTICES
39708
Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Notices
submitted a notification of proposed
production activity to the FTZ Board on
behalf of Brightstar Corporation
(Brightstar), located in Miami, Florida.
The notification conforming to the
requirements of the regulations of the
FTZ Board (15 CFR 400.22) was
received on June 26, 2013.
The Brightstar facility is located
within Site 6 of FTZ 32. The facility is
used for the kitting of cell phones and
cell phone accessories. Pursuant to 15
CFR 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 Brightstar from customs
duty payments on the foreign status
components used in export production.
On its domestic sales, Brightstar would
be able to choose the duty rates during
customs entry procedures that apply to
cell phones (duty rate 0%) 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: decals;
plastic holsters; leather carrying cases;
leather pouches; plastic carrying cases;
leather straps; wrist straps; power
supplies; lithium batteries; nicad
batteries; line telephone sets; video
phones; bases stations; voice reception,
conversion, regeneration and
transmission machinery; microphones
and stands; external speaker sets;
headsets with microphones; hands-free
speaker kits; telephone answering
machines and associated parts and
accessories; video recorders and
associated parts and accessories;
transceivers and associated parts and
accessories; monitors and projectors and
associated parts and accessories;
connectors and plugs; key pads with
connectors; thermionic, cold cathode
and photocathode tubes; and, cables
(duty rate ranges from 0 to 17.6%).
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 August
12, 2013.
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
VerDate Mar<15>2010
16:48 Jul 01, 2013
Jkt 229001
Web site, which is accessible via
www.trade.gov/ftz.
FOR FURTHER INFORMATION CONTACT:
Christopher Kemp at
Christopher.Kemp@trade.gov or (202)
482–0862.
Dated: June 26, 2013.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2013–15891 Filed 7–1–13; 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 New
Shipper Reviews; 2011–2012
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 30, 2013, the
Department of Commerce (‘‘the
Department’’) published in the Federal
Register the preliminary results of four
new shipper reviews of the antidumping
duty order on certain frozen fish fillets
(‘‘frozen fish fillets’’) from the Socialist
Republic of Vietnam (‘‘Vietnam’’).1 The
period of review (‘‘POR’’) is August 1,
2011, through January 31, 2012. We
provided interested parties an
opportunity to comment on the
Preliminary Results and, based upon our
analysis of the comments and
information received, we made changes
to the margin calculation for the final
results of these new shipper reviews.
The final weighted-average margins are
listed below in the ‘‘Final Results of
Review’’ section of this notice.
DATES: Effective Date: July 2, 2013.
FOR FURTHER INFORMATION CONTACT: Jerry
Huang, Seth Isenberg or Toni Dach, AD/
CVD Operations, Office 9, Import
Administration, International Trade
Administration, Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4047, (202) 482–
0588, and (202) 482–1655, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 30, 2013, the Department
published the Preliminary Results of
these new shipper reviews.2 We invited
interested parties to comment on the
Preliminary Results.3 As a result of our
analysis, we have made changes to the
Preliminary Results.
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.4
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.
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 all
respondents. For the reasons explained
in the Issues and Decision
3 See
id. at 6297.
‘‘Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Issues and Decision
Memorandum for Antidumping Duty New Shipper
Reviews; 2010–2011,’’ dated concurrently with this
notice (‘‘Issues and Decision Memorandum’’) and
incorporated herein by reference, for a complete
description of the Scope of the Order.
4 See
1 See Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Preliminary Results
of Antidumping Duty New Shipper Reviews; 2011–
2012, 78 FR 6297 (January 30, 2013) (‘‘Preliminary
Results’’).
2 See id.
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Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Notices
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 certain respondents.5 Finally, the
surrogate values memorandum contains
the further explanation of our changes
to the surrogate values.6
Final Results of Review
The weighted-average dumping
margins for the new shipper reviews are
as follows:
Weighted-average margin
(dollars per kilogram)
Exporter
Producer
Quang Minh Seafood Co., Ltd. .....................................
Dai Thanh Seafoods Company Limited ........................
Fatifish Company Limited ..............................................
Hoang Long Seafood Processing Co., Ltd ...................
Quang Minh Seafood Co., Ltd ......................................
Dai Thanh Seafoods Company Limited ........................
Fatifish Company Limited ..............................................
Hoang Long Seafood Processing Co., Ltd ...................
tkelley on DSK3SPTVN1PROD with NOTICES
Assessment
Pursuant to section 751(a)(2)(A) of the
Tariff Act of 1930, as amended (‘‘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
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.
The Department announced a
refinement to its assessment practice in
non-market economy (‘‘NME’’) cases.7
Pursuant to this refinement in practice,
for entries that were not reported in the
U.S. sales databases submitted by
companies individually examined
during this review, the Department will
instruct CBP to liquidate such entries at
the NME-wide rate. In addition, 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.8
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
5 See accompanying Issues and Decision
Memorandum at Comments VIII and XVII and the
company-specific analysis memoranda, dated
concurrently with this notice.
VerDate Mar<15>2010
16:48 Jul 01, 2013
Jkt 229001
sales quantity of subject merchandise
sold to that importer during the POR.
We will instruct CBP to assess
antidumping duties on all appropriate
entries covered by this review if any
importer-specific assessment rate
calculated in the final results of this
review is above de minimis. Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis, or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.
Cash Deposit Requirements
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 from
Vietnam entered, or withdrawn from
warehouse, for consumption on or after
the publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) For
subject merchandise produced and
exported by respondents listed above,
the cash deposit rate will be the rates
established in the final results of these
new shipper reviews. If the cash deposit
rate calculated in the final results is zero
or de minimis, no cash deposit will be
required for the specific producerexporter combination listed above; (2)
for subject merchandise exported by
respondents, but not manufactured by
respondents, the cash deposit rate will
continue to be the Vietnam-wide rate
(i.e., $2.11/Kilogram); and (3) for subject
merchandise manufactured by
respondents, but exported by any other
party, the cash deposit rate will be the
rate applicable to the exporter. The cash
deposit requirement, when imposed,
shall remain in effect until further
notice.
6 See Memorandum to the File, through Scot T.
Fullerton, Program Manager, Office 9, from Seth
Isenberg, 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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Fmt 4703
Sfmt 4703
2.96
1.20
0.59
0.70
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in the Department’s
presumption that reimbursement of
antidumping duties has occurred and
the subsequent assessment of doubled
antidumping duties.
Administrative Protective Order
In accordance with 19 CFR
351.305(a)(3), this notice also serves as
a reminder to parties subject to
administrative protective order (‘‘APO’’)
of their responsibility concerning the
return or destruction of proprietary
information disclosed under the APO,
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return 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 subject to sanction.
We are issuing and publishing these
new shipper reviews and notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: June 24, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I—Issues & Decision
Memorandum
GENERAL ISSUES:
COMMENT I: Selection of the Surrogate
Country
A. Economic Comparability
B. Significant Producer of the Comparable
Merchandise
7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
8 See id.
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Federal Register / Vol. 78, No. 127 / Tuesday, July 2, 2013 / Notices
C. Data Considerations
COMMENT II: Surrogate Financial Ratios
COMMENT III: Surrogate Value for Labor
COMMENT IV: Surrogate Value for Rice
Husk
COMMENT V: Surrogate Value for Inland
Freight
COMMENT VI: Surrogate Value for Byproducts
COMMENT VII: Zeroing
COMPANY–SPECIFIC ISSUES:
COMMENT VIII: Valuation of Dathaco and
Fatifish’s River Water
COMMENT IX: Valuation of Hoang Long’s
Other By-Products
[FR Doc. 2013–15882 Filed 7–1–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Waters, Office of AD/CVD
Operations, Customs Unit, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230,
telephone: (202) 482–4735.
AGENCY:
tkelley on DSK3SPTVN1PROD with NOTICES
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (‘‘the Act’’),
may request, in accordance with 19 CFR
351.213, that the Department of
Commerce (‘‘the Department’’) conduct
an administrative review of that
antidumping or countervailing duty
order, finding, or suspended
investigation.
All deadlines for the submission of
comments or actions by the Department
discussed below refer to the number of
calendar days from the applicable
starting date.
Respondent Selection
In the event the Department limits the
number of respondents for individual
examination for administrative reviews
VerDate Mar<15>2010
16:48 Jul 01, 2013
Jkt 229001
initiated pursuant to requests made for
the orders identified below, the
Department intends to select
respondents based on U.S. Customs and
Border Protection (‘‘CBP’’) data for U.S.
imports during the period of review. We
intend to release the CBP data under
Administrative Protective Order
(‘‘APO’’) to all parties having an APO
within five days of publication of the
initiation notice and to make our
decision regarding respondent selection
within 21 days of publication of the
initiation Federal Register notice.
Therefore, we encourage all parties
interested in commenting on respondent
selection to submit their APO
applications on the date of publication
of the initiation notice, or as soon
thereafter as possible. The Department
invites comments regarding the CBP
data and respondent selection within
five days of placement of the CBP data
on the record of the review.
In the event the Department decides
it is necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, the Department has found
that determinations concerning whether
particular companies should be
‘‘collapsed’’ (i.e., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, the Department
will not conduct collapsing analyses at
the respondent selection phase of this
review and will not collapse companies
at the respondent selection phase unless
there has been a determination to
collapse certain companies in a
previous segment of this antidumping
proceeding (i.e., investigation,
administrative review, new shipper
review or changed circumstances
review). For any company subject to this
review, if the Department determined,
or continued to treat, that company as
collapsed with others, the Department
will assume that such companies
continue to operate in the same manner
and will collapse them for respondent
selection purposes. Otherwise, the
Department will not collapse companies
for purposes of respondent selection.
Parties are requested to (a) identify
which companies subject to review
previously were collapsed, and (b)
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Fmt 4703
Sfmt 4703
provide a citation to the proceeding in
which they were collapsed. Further, if
companies are requested to complete
the Quantity and Value Questionnaire
for purposes of respondent selection, in
general each company must report
volume and value data separately for
itself. Parties should not include data
for any other party, even if they believe
they should be treated as a single entity
with that other party. If a company was
collapsed with another company or
companies in the most recently
completed segment of this proceeding
where the Department considered
collapsing that entity, complete quantity
and value data for that collapsed entity
must be submitted.
Deadline for Withdrawal of Request for
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a
party that has requested a review may
withdraw that request within 90 days of
the date of publication of the notice of
initiation of the requested review. The
regulation provides that the Department
may extend this time if it is reasonable
to do so. In order to provide parties
additional certainty with respect to
when the Department will exercise its
discretion to extend this 90-day
deadline, interested parties are advised
that, with regard to reviews requested
on the basis of anniversary months on
or after July 2013, the Department does
not intend to extend the 90-day
deadline unless the requestor
demonstrates that an extraordinary
circumstance has prevented it from
submitting a timely withdrawal request.
Determinations by the Department to
extend the 90-day deadline will be
made on a case-by-case basis.
The Department is providing this
notice on its Web site, as well as in its
‘‘Opportunity to Request Administrative
Review’’ notices, so that interested
parties will be aware of the manner in
which the Department intends to
exercise its discretion in the future.
Opportunity to Request a Review: Not
later than the last day of July 2013,1
interested parties may request
administrative review of the following
orders, findings, or suspended
investigations, with anniversary dates in
July for the following periods:
1 Or the next business day, if the deadline falls
on a weekend, federal holiday or any other day
when the Department is closed.
E:\FR\FM\02JYN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 127 (Tuesday, July 2, 2013)]
[Notices]
[Pages 39708-39710]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15882]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Final Results of Antidumping Duty New Shipper Reviews; 2011-
2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 30, 2013, the Department of Commerce (``the
Department'') published in the Federal Register the preliminary results
of four new shipper reviews of the antidumping duty order on certain
frozen fish fillets (``frozen fish fillets'') from the Socialist
Republic of Vietnam (``Vietnam'').\1\ The period of review (``POR'') is
August 1, 2011, through January 31, 2012. We provided interested
parties an opportunity to comment on the Preliminary Results and, based
upon our analysis of the comments and information received, we made
changes to the margin calculation for the final results of these new
shipper reviews. The final weighted-average margins are listed below in
the ``Final Results of Review'' section of this notice.
---------------------------------------------------------------------------
\1\ See Certain Frozen Fish Fillets From the Socialist Republic
of Vietnam: Preliminary Results of Antidumping Duty New Shipper
Reviews; 2011-2012, 78 FR 6297 (January 30, 2013) (``Preliminary
Results'').
---------------------------------------------------------------------------
DATES: Effective Date: July 2, 2013.
FOR FURTHER INFORMATION CONTACT: Jerry Huang, Seth Isenberg or Toni
Dach, AD/CVD Operations, Office 9, Import Administration, International
Trade Administration, Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4047, (202) 482-0588, and (202) 482-1655, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 30, 2013, the Department published the Preliminary
Results of these new shipper reviews.\2\ We invited interested parties
to comment on the Preliminary Results.\3\ As a result of our analysis,
we have made changes to the Preliminary Results.
---------------------------------------------------------------------------
\2\ See id.
\3\ See id. at 6297.
---------------------------------------------------------------------------
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.\4\
---------------------------------------------------------------------------
\4\ See ``Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Issues and Decision Memorandum for Antidumping
Duty New Shipper Reviews; 2010-2011,'' 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.
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 all respondents. For
the reasons explained in the Issues and Decision
[[Page 39709]]
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 certain respondents.\5\ Finally, the surrogate values
memorandum contains the further explanation of our changes to the
surrogate values.\6\
---------------------------------------------------------------------------
\5\ See accompanying Issues and Decision Memorandum at Comments
VIII and XVII and the company-specific analysis memoranda, dated
concurrently with this notice.
\6\ See Memorandum to the File, through Scot T. Fullerton,
Program Manager, Office 9, from Seth Isenberg, Case Analyst,
``Certain Frozen Fish Fillets from the Socialist Republic of
Vietnam: Surrogate Values for the Final Results,'' dated
concurrently with this notice.
---------------------------------------------------------------------------
Final Results of Review
The weighted-average dumping margins for the new shipper reviews
are as follows:
----------------------------------------------------------------------------------------------------------------
Weighted-average margin
Exporter Producer (dollars per kilogram)
----------------------------------------------------------------------------------------------------------------
Quang Minh Seafood Co., Ltd................. Quang Minh Seafood Co., Ltd......... 2.96
Dai Thanh Seafoods Company Limited.......... Dai Thanh Seafoods Company Limited.. 1.20
Fatifish Company Limited.................... Fatifish Company Limited............ 0.59
Hoang Long Seafood Processing Co., Ltd...... Hoang Long Seafood Processing Co., 0.70
Ltd.
----------------------------------------------------------------------------------------------------------------
Assessment
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (``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 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. The Department announced a refinement to its
assessment practice in non-market economy (``NME'') cases.\7\ Pursuant
to this refinement in practice, for entries that were not reported in
the U.S. sales databases submitted by companies individually examined
during this review, the Department will instruct CBP to liquidate such
entries at the NME-wide rate. In addition, 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.\8\
---------------------------------------------------------------------------
\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
\8\ See id.
---------------------------------------------------------------------------
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. We will
instruct CBP to assess antidumping duties on all appropriate entries
covered by this review if any importer-specific assessment rate
calculated in the final results of this review is above de minimis.
Where either the respondent's weighted-average dumping margin is zero
or de minimis, or an importer-specific assessment rate is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
Cash Deposit Requirements
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 from Vietnam entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For subject
merchandise produced and exported by respondents listed above, the cash
deposit rate will be the rates established in the final results of
these new shipper reviews. If the cash deposit rate calculated in the
final results is zero or de minimis, no cash deposit will be required
for the specific producer-exporter combination listed above; (2) for
subject merchandise exported by respondents, but not manufactured by
respondents, the cash deposit rate will continue to be the Vietnam-wide
rate (i.e., $2.11/Kilogram); and (3) for subject merchandise
manufactured by respondents, but exported by any other party, the cash
deposit rate will be the rate applicable to the exporter. The cash
deposit requirement, when imposed, shall remain in effect until further
notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
In accordance with 19 CFR 351.305(a)(3), this notice also serves as
a reminder to parties subject to administrative protective order
(``APO'') of their responsibility concerning the return or destruction
of proprietary information disclosed under the APO, which continues to
govern business proprietary information in this segment of the
proceeding. Timely written notification of the return 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 subject to sanction.
We are issuing and publishing these new shipper reviews and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: June 24, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I--Issues & Decision Memorandum
GENERAL ISSUES:
COMMENT I: Selection of the Surrogate Country
A. Economic Comparability
B. Significant Producer of the Comparable Merchandise
[[Page 39710]]
C. Data Considerations
COMMENT II: Surrogate Financial Ratios
COMMENT III: Surrogate Value for Labor
COMMENT IV: Surrogate Value for Rice Husk
COMMENT V: Surrogate Value for Inland Freight
COMMENT VI: Surrogate Value for By-products
COMMENT VII: Zeroing
COMPANY-SPECIFIC ISSUES:
COMMENT VIII: Valuation of Dathaco and Fatifish's River Water
COMMENT IX: Valuation of Hoang Long's Other By-Products
[FR Doc. 2013-15882 Filed 7-1-13; 8:45 am]
BILLING CODE 3510-DS-P
