[Federal Register Volume 76, Number 117 (Friday, June 17, 2011)]
[Notices]
[Pages 35403-35404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15125]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Final Results of the Antidumping Duty New Shipper Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 25, 2011, the Department of Commerce
(``Department'') published the Preliminary Results of the seventh new
shipper reviews of the antidumping duty order on certain frozen fish
fillets (``frozen fish fillets'') from the Socialist Republic of
Vietnam (``Vietnam'').\1\ We gave 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
calculations for the final results of these reviews. The final
weighted-average margins are listed below in the ``Final Results of the
Reviews'' section of this notice. The period of review (``POR'') is
August 1, 2009, through February 15, 2010.
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\1\ See Certain Frozen Fish Fillets From the Socialist Republic
of Vietnam: Notice of Preliminary Results of Antidumping Duty New
Shipper Reviews, 76 FR 4292 (January 25, 2011) (``Preliminary
Results'').
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DATES: Effective Date: June 17, 2011.
FOR FURTHER INFORMATION CONTACT: Alan Ray, 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) 482-5403.
SUPPLEMENTARY INFORMATION:
Case History
As noted above, on January 25, 2011, the Department published the
Preliminary Results of these new shipper reviews. We extended the
deadlines for submission of surrogate value comments and case
briefs.\2\ On March 9, 2011, the Department published a notice fully
extending the time limit for completion of the final results of these
new shipper reviews.\3\
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\2\ See Letter from Alex Villanueva, Program Manager, Office 9,
to Interested Parties: Extending Surrogate Value Submission &
Briefing Schedule for New Shipper Reviews of Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam (February 10, 2011).
See also Letter from Matthew Renkey, Acting Program Manager, Office
9, to Interested Parties: Extending Surrogate Value Submission &
Briefing Schedule for New Shipper Reviews of Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam (March 25, 2011).
\3\ See Certain Frozen Fish Fillets From the Socialist Republic
of Vietnam: Notice of Extension of Time Limit for the Final Results
of the Sixth Antidumping Duty Administrative and New Shipper
Reviews, 75 FR 80795 (December 23, 2010).
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We invited interested parties to comment on the Preliminary
Results. Between May 2, 2011, and May 12, 2011, we received case and
rebuttal briefs from Petitioners \4\ and the Respondents. As a result
of our analysis, we have made changes to the Preliminary Results.
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\4\ The Catfish Farmers of America and individual U.S. Catfish
Processors: America's Catch, Consolidated Catfish Companies, LLC dba
Country Select Catfish, Delta Pride Catfish, Inc., Harvest Select
Catfish, Inc., Heartland Catfish Company, Pride of the Pond, Simmons
Farm Raised Catfish, Inc., and Southern Pride Catfish Company LLC
(collectively, ``Petitioners'').
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Scope of the Order \5\
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\5\ See Notice of Antidumping Duty Order: Certain Frozen Fish
Fillets From the Socialist Republic of Vietnam, 68 FR 47909 (August
12, 2003) (``Order'').
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The product covered by 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. Frozen fish fillets are lengthwise cuts of whole fish. The
fillet products covered by the scope include boneless fillets with the
belly flap intact (``regular'' fillets), boneless fillets with the
belly flap removed (``shank'' fillets), boneless shank fillets cut into
strips (``fillet strips/finger''), which include fillets cut into
strips, chunks, blocks, skewers, or any other shape. Specifically
excluded from the scope are frozen whole fish (whether or not dressed),
frozen steaks, and frozen belly-flap nuggets. Frozen whole dressed fish
are deheaded, skinned, and eviscerated. Steaks are bone-in, cross-
section cuts of dressed fish. Nuggets are the belly-flaps. The subject
merchandise will be hereinafter referred to as frozen ``basa'' and
``tra'' fillets, which are the Vietnamese common names for these
species of fish. These products are classifiable under tariff article
codes 1604.19.4000, 1604.19.5000, 0305.59.4000, 0304.29.6033 (Frozen
Fish Fillets of the species Pangasius including basa and tra) of the
Harmonized Tariff Schedule of the United States (``HTSUS'').\6\ The
order covers all frozen fish fillets meeting the above specification,
regardless of tariff classification. Although the HTSUS subheading is
provided for convenience and customs purposes, our written description
of the scope of the order is dispositive.
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\6\ Until July 1, 2004, these products were classifiable under
tariff article codes 0304.20.60.30 (Frozen Catfish Fillets),
0304.20.60.96 (Fish Fillets, NESOI), 0304.20.60.43 (Frozen
Freshwater Fish Fillets) and 0304.20.60.57 (Frozen Sole Fillets) of
the HTSUS. Until February 1, 2007, these products were classifiable
under tariff article code 0304.20.60.33 (Frozen Fish Fillets of the
species Pangasius including basa and tra) of the HTSUS.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties are
addressed in ``Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam (``Vietnam''): Issues and Decision Memorandum for the Final
Results,'' (June 13, 2011) (``I&D Memo''). A list of the issues which
parties raised, and to which we responded in the I&D Memo,
[[Page 35404]]
is attached to this notice as an Appendix. The I&D Memo is a public
document and is on file in the Central Records Unit (``CRU''), Main
Commerce Building, Room 7046, and is accessible on the Department's Web
site at http://www.trade.gov/ia. The paper copy and electronic version
of the memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record, verification, as well as comments
received from interested parties regarding our Preliminary Results, we
have made certain revisions to the margin calculation for IDI and
THIMACO for the final results. For the reasons explained in the I&D
Memo at Comment I, we have changed our surrogate country selection from
the Philippines to Bangladesh. For all other changes to the
calculations of IDI and THIMACO, see the I&D Memo and company specific
analysis memoranda. For changes to the surrogate values, see the I&D
Memo and ``Memorandum to the File, through Matthew Renkey, Acting
Program Manager, AD/CVD Operations, Office 9, from Alan Ray, Case
Analyst, and Emeka Chukwudebe, Case Analyst, AD/CVD Operations, Office
9, Antidumping Duty New Shipper Reviews of Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam: Surrogate Values for the Final
Results,'' (June 13, 2011).
Final Results of the Reviews
The weighted-average dumping margins for the POR are as follows:
------------------------------------------------------------------------
Weighted-average
Exporter margin (dollars
per kilogram)
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(1) THIMACO......................................... $0.00
(2) IDI............................................. 0.00
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Assessment
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries, pursuant to 19 CFR 351.212(b). We have calculated
importer-specific duty assessment rates on a per-unit basis.
Specifically, we divided the total dumping margins (calculated as the
difference between normal value and export price or constructed export
price) for each importer by the total quantity of subject merchandise
sold to that importer during the POR to calculate a per-unit assessment
amount. In this and any future review, we will 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. The Department intends to issue
appropriate assessment instructions directly to CBP 15 days after
publication of the final results of this new shipper review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of this final results of these new shipper reviews for all
shipments of subject merchandise by THIMACO and IDI, entered, or
withdrawn from warehouse, for consumption on or after the publication
date, as provided by section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (``Act''): (1) For subject merchandise produced and exported by
IDI or THIMACO, the cash deposit rate will be zero; (2) for subject
merchandise exported by IDI or THIMACO, but not manufactured by IDI or
THIMACO, the cash deposit rate will continue to be the Vietnam-wide
rate of $2.11/Kilogram; and (3) for subject merchandise manufactured by
IDI or THIMACO, but exported by any party other than NTSF, the cash
deposit rate will be the rate applicable to the exporter. These cash
deposit requirements will 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 orders (``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/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
We are issuing and publishing this determination in accordance with
sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR 351.214(h) and
351.221(b)(5).
Dated: June 10, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I--Issues & Decision Memorandum
General Issues
Comment I: Selection of Surrogate Country
A. Economic Comparability
B. Significant Producer of the Comparable Merchandise
C. Data Considerations
Comment II: Surrogate Values
A. Financial Ratios
i. Whether To Reject Gemini's Financial Ratios Due to the Subsidies
Listed in the Financial Statement
ii. Which Financial Statements Represent the Best Source for
Calculating Financial Ratios
B. Byproducts
i. Fish Waste
ii. Fish Skin
Company-Specific Issues
Comment III: Adjustments to THIMACO's Margin Calculation
A. Adjust ``International Freight'' from a Per Pound to a Per Kilogram
Basis
B. Adjust Calculation of ``Insurance'' To Be Percentage Applied to
Gross Unit Price
C. Should the Department Alter Its Preliminary Decision To Use the
Intermediate Input Methodology (``IIM'') and Instead Accept THIMACO's
Farming Factors, the Department Should Apply AFA to THIMACO's Farming
Labor and Medicine FOPs
Comment IV: Adjustments to IDI's Margin Calculation
A. Adjust ``Other Discounts'' and ``International Freight'' Pound to
Kilogram Basis
B. Adjust Calculation of Brokerage and Handling Expense
C. Calculation of IDI's Carton Boxes
[FR Doc. 2011-15125 Filed 6-16-11; 8:45 am]
BILLING CODE 3510-DS-P