Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Amended Final Results of Antidumping Duty New Shipper Review; 2011-2012, 48415-48416 [2013-19240]
Download as PDF
Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Notices
percent.5 This cash deposit requirement
shall remain in effect until further
notice.
Final Results of Changed
Circumstances Review
Because no parties have submitted
comments opposing the Department’s
Preliminary Results, and because there
is no other information or evidence on
the record that calls into question the
Preliminary Results, the Department
determines that Husqvarna (Hebei) Co.,
Ltd. is the successor-in-interest to Hebei
Husqvarna Jikai Diamond Tools Co.,
Ltd. for the purpose of determining
antidumping duty liability.
tkelley on DSK3SPTVN1PROD with NOTICES
Diamond sawblade cores with a
Rockwell C hardness of less than 25 are
excluded from the scope of the order.
Diamond sawblades and/or diamond
segment(s) with diamonds that
predominantly have a mesh size number
greater than 240 (such as 250 or 260) are
excluded from the scope of the order.
Merchandise subject to the order is
typically imported under heading
8202.39.00.00 of the Harmonized Tariff
Schedule of the United States (HTSUS).
When packaged together as a set for
retail sale with an item that is separately
classified under headings 8202 to 8205
of the HTSUS, diamond sawblades or
parts thereof may be imported under
heading 8206.00.00.00 of the HTSUS.
On October 11, 2011, the Department
included the 6804.21.00.00 HTSUS
classification number to the customs
case reference file, pursuant to a request
by U.S. Customs and Border Protection
(CBP).4
The tariff classification is provided for
convenience and customs purposes;
however, the written description of the
scope of the order is dispositive.
BILLING CODE 3510–DS–P
Instructions to U.S. Customs and
Border Protection
As a result of this determination, we
find that Husqvarna (Hebei) Co., Ltd.
should receive the cash deposit rate
previously assigned to Hebei Husqvarna
Jikai Diamond Tools Co., Ltd. in the
most recently completed review of the
antidumping duty order on diamond
sawblades and parts thereof from the
People’s Republic of China.
Consequently, the Department will
instruct CBP to collect estimated
antidumping duties for all shipments of
subject merchandise exported by
Husqvarna (Hebei) Co., Ltd. and
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of this notice in the
Federal Register at the current cash
deposit rate for Hebei Husqvarna Jikai
Diamond Tools Co., Ltd., which is 0.00
4 See Diamond Sawblades and Parts Thereof
From the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review, 76 FR
76128 (December 6, 2011).
VerDate Mar<15>2010
16:55 Aug 07, 2013
Jkt 229001
Notification
This notice serves as a reminder to
parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.306. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation.
We are issuing and publishing this
notice in accordance with sections
751(b)(1) and 777(i)(1) of the Tariff Act
of 1930, as amended, and 19 CFR
351.216 and 351.221(c)(3).
Dated: August 2, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2013–19237 Filed 8–7–13; 8:45 am]
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 New Shipper
Review; 2011–2012
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is amending the
final results of a new shipper review of
the antidumping duty order on certain
frozen fish fillets (‘‘fish fillets’’) from the
Socialist Republic of Vietnam
(‘‘Vietnam’’) to correct a ministerial
error.1 The period of review (‘‘POR’’) is
August 1, 2011, through January 31,
2012.
DATES: Effective Date: August 8, 2013.
FOR FURTHER INFORMATION CONTACT: Jerry
Huang, Seth Isenberg, or Toni Dach,
AGENCY:
5 See Diamond Sawblades and Parts Thereof from
the People’s Republic of China: Amended Final
Results of Antidumping Duty Administrative
Review; 2010–2011, 78 FR 42930 (July 18, 2013), in
which we refer to this company as Hebei
Husqvarna-Jikai Diamond Tools Co., Ltd.
1 See Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Final Results of Antidumping
Duty New Shipper Reviews; 2011–2012, 78 FR
39708 (July 2, 2013) (‘‘Final Results’’), and
accompanying Issues and Decisions Memorandum
(‘‘I&D Memo’’).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
48415
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 June 25, 2013, the Department
disclosed to interested parties its
calculations for the Final Results.2 On
July 1, 2013, we received ministerial
error comments from Petitioners. No
other interested party submitted
comments.
Scope of the Order
For a full description of the products
covered by the antidumping duty order,
see I&D Memo.
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
Petitioners’ ministerial error comments,
we have determined, in accordance with
section 751(h) of the Act and 19 CFR
351.224(e), that we made a ministerial
error in our calculation for the Final
Results. For a detailed discussion of all
alleged ministerial errors, as well as the
Department’s analysis, 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, ‘‘Antidumping Duty
New Shipper Reviews, 2011–2012, of
Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam:
Ministerial Error Allegation
Memorandum,’’ dated concurrently
with this notice.
In accordance with section 751(h) of
the Act and 19 CFR 351.224(e), we are
amending the Final Results of the new
shipper review of fish fillets from
Vietnam for Hoang Long. The revised
weighted-average dumping margin for
Hoang Long is detailed below. We have
2 The interested parties include: The Catfish
Farmers of America, and individual U.S. catfish
processors (collectively ‘‘Petitioners’’), Quang Minh
Seafood Co., Ltd. (‘‘Quang Minh’’), Dai Thanh
Seafoods Company Limited (‘‘Dathaco’’), Fatifish
Company Limited (‘‘Fatifish’’), and Hoang Long
Seafood Processing Co., Ltd. (‘‘Hoang Long’’).
E:\FR\FM\08AUN1.SGM
08AUN1
48416
Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Notices
not revised the weighted-average
dumping margins and cash deposit
requirements for the other companies
subject to the Final Results because the
ministerial error referenced above does
not affect the calculation of their
margins.
Amended Final Results of the New
Shipper Review
The amended weighted-average
dumping margin calculated for Hoang
Long in the new shipper review is as
follows:
Weighted-average margin
(dollars per kilogram)
Exporter
Producer
Hoang Long Seafood Processing Co., Ltd .........................
Hoang Long Seafood Processing Co., Ltd ........................
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).
tkelley on DSK3SPTVN1PROD with NOTICES
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 new
shipper 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. 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 (i.e., 0.50 percent or more).
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
VerDate Mar<15>2010
16:55 Aug 07, 2013
Jkt 229001
antidumping duties, in accordance with
19 CFR 351.106(c)(2).
Cash Deposit Requirements
The following cash deposit
requirements will be effective
retroactively on any entries made after
July 2, 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
these new shipper reviews, as provided
for by section 751(a)(2)(C) of the Act: (1)
For subject merchandise produced and
exported by Hoang Long, the cash
deposit rate will be the rate established
in the amended final results of this new
shipper review; (2) for subject
merchandise exported by Hoang Long,
but not manufactured by Hoang Long,
the cash deposit rate will continue to be
the Vietnam-wide rate (i.e., $2.11/
kilogram); 3 and (3) for subject
merchandise manufactured by Hoang
Long, 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.
3 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, 17353 (March
21, 2013).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
0.83
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: July 29, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2013–19240 Filed 8–7–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–915]
Light-Walled Rectangular Pipe and
Tube From the People’s Republic of
China: Final Results of the Expedited
First Sunset Review of the
Countervailing Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
Effective Date: August 8, 2013.
On April 2, 2013, the
Department of Commerce (Department)
initiated the first sunset review of the
countervailing duty order on lightwalled rectangular pipe and tube from
the People’s Republic of China (PRC).
The Department finds that revocation of
the countervailing duty order would be
likely to lead to continuation or
recurrence of net countervailable
DATES:
SUMMARY:
E:\FR\FM\08AUN1.SGM
08AUN1
Agencies
[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Notices]
[Pages 48415-48416]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19240]
-----------------------------------------------------------------------
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 New Shipper Review;
2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is amending
the final results of a new shipper review of the antidumping duty order
on certain frozen fish fillets (``fish fillets'') from the Socialist
Republic of Vietnam (``Vietnam'') to correct a ministerial error.\1\
The period of review (``POR'') is August 1, 2011, through January 31,
2012.
---------------------------------------------------------------------------
\1\ See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Final Results of Antidumping Duty New Shipper Reviews;
2011-2012, 78 FR 39708 (July 2, 2013) (``Final Results''), and
accompanying Issues and Decisions Memorandum (``I&D Memo'').
---------------------------------------------------------------------------
DATES: Effective Date: August 8, 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 June 25, 2013, the Department disclosed to interested parties
its calculations for the Final Results.\2\ On July 1, 2013, we received
ministerial error comments from Petitioners. No other interested party
submitted comments.
---------------------------------------------------------------------------
\2\ The interested parties include: The Catfish Farmers of
America, and individual U.S. catfish processors (collectively
``Petitioners''), Quang Minh Seafood Co., Ltd. (``Quang Minh''), Dai
Thanh Seafoods Company Limited (``Dathaco''), Fatifish Company
Limited (``Fatifish''), and Hoang Long Seafood Processing Co., Ltd.
(``Hoang Long'').
---------------------------------------------------------------------------
Scope of the Order
For a full description of the products covered by the antidumping
duty order, see I&D Memo.
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 Petitioners' ministerial error comments,
we have determined, in accordance with section 751(h) of the Act and 19
CFR 351.224(e), that we made a ministerial error in our calculation for
the Final Results. For a detailed discussion of all alleged ministerial
errors, as well as the Department's analysis, 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, ``Antidumping Duty
New Shipper Reviews, 2011-2012, of Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Ministerial Error Allegation
Memorandum,'' dated concurrently with this notice.
In accordance with section 751(h) of the Act and 19 CFR 351.224(e),
we are amending the Final Results of the new shipper review of fish
fillets from Vietnam for Hoang Long. The revised weighted-average
dumping margin for Hoang Long is detailed below. We have
[[Page 48416]]
not revised the weighted-average dumping margins and cash deposit
requirements for the other companies subject to the Final Results
because the ministerial error referenced above does not affect the
calculation of their margins.
Amended Final Results of the New Shipper Review
The amended weighted-average dumping margin calculated for Hoang
Long in the new shipper review is as follows:
------------------------------------------------------------------------
Weighted-
average
margin
Exporter Producer (dollars
per
kilogram)
------------------------------------------------------------------------
Hoang Long Seafood Processing Co., Hoang Long Seafood 0.83
Ltd................................ Processing Co., Ltd
------------------------------------------------------------------------
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 new shipper 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. 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
(i.e., 0.50 percent or more). 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,
in accordance with 19 CFR 351.106(c)(2).
Cash Deposit Requirements
The following cash deposit requirements will be effective
retroactively on any entries made after July 2, 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 these new
shipper reviews, as provided for by section 751(a)(2)(C) of the Act:
(1) For subject merchandise produced and exported by Hoang Long, the
cash deposit rate will be the rate established in the amended final
results of this new shipper review; (2) for subject merchandise
exported by Hoang Long, but not manufactured by Hoang Long, the cash
deposit rate will continue to be the Vietnam-wide rate (i.e., $2.11/
kilogram); \3\ and (3) for subject merchandise manufactured by Hoang
Long, 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.
---------------------------------------------------------------------------
\3\ 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, 17353 (March 21,
2013).
---------------------------------------------------------------------------
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 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: July 29, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-19240 Filed 8-7-13; 8:45 am]
BILLING CODE 3510-DS-P