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 and entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice in the Federal Register at the current cash deposit rate for Hebei Husqvarna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]


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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'').
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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