[Federal Register Volume 78, Number 127 (Tuesday, July 2, 2013)]
[Notices]
[Pages 39708-39710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15882]
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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 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.
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\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'').
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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.
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\2\ See id.
\3\ See id. at 6297.
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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\
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\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.
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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 http://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 http://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\
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\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.
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Final Results of Review
The weighted-average dumping margins for the new shipper reviews
are as follows:
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Weighted-average margin
Exporter Producer (dollars per kilogram)
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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.
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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\
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\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
\8\ See id.
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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-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