Federal Register, Volume 80 Issue 2 (Monday, January 5, 2015)

[Federal Register Volume 80, Number 2 (Monday, January 5, 2015)]
[Notices]
[Pages 207-208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30842]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Certain Frozen Fish Fillets From the Socialist Republic of 
Vietnam: Amended Rescission of Antidumping Duty New Shipper Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: To correct a ministerial error, the Department of Commerce 
(``the Department'') is amending the rescission of the new shipper 
review (``NSR'') of the antidumping duty order on certain frozen fish 
fillets (``fish fillets'') from the Socialist Republic of Vietnam 
(``Vietnam'') concerning Thanh Hung Co., Ltd. D/B/A Thanh Hung Frozen 
Seafood Processing Import Export Co., Ltd. (``Thanh Hung'').\1\ The 
period of review (``POR'') is August 1, 2012, through July 31, 2013.
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    \1\ See Certain Frozen Fish Fillets From the Socialist Republic 
of Vietnam: Rescission of Antidumping New Shipper Review, 79 FR 
71748 (December 3, 2014) (``Final Rescission'').

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DATES: Effective Date: January 5, 2015.

FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4031.

SUPPLEMENTARY INFORMATION:

Background

    On December 3, 2014, the Department published the Final Rescission 
of this NSR. After reviewing the Final Rescission, the Department 
independently determined that it made a ministerial error, as described 
below.

Scope of the Order

    The product covered by the order is frozen fish fillets, including 
regular,

[[Page 208]]

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. These products are classifiable under tariff article codes 
0304.29.6033, 0304.62.0020, 0305.59.0000, 0305.59.4000, 1604.19.2000, 
1604.19.2100, 1604.19.3000, 1604.19.3100, 1604.19.4000, 1604.19.4100, 
1604.19.5000, 1604.19.5100, 1604.19.6100 and 1604.19.8100 (Frozen Fish 
Fillets of the species Pangasius including basa and tra) of the 
Harmonized Tariff Schedule of the United States (``HTSUS'').\2\ 
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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    \2\ Until July 1, 2004, these products were classifiable under 
HTSUS 0304.20.6030 (Frozen Catfish Fillets), 0304.20.6096 (Frozen 
Fish Fillets, NESOI), 0304.20.6043 (Frozen Freshwater Fish Fillets) 
and 0304.20.6057 (Frozen Sole Fillets). Until February 1, 2007, 
these products were classifiable under HTSUS 0304.20.6033 (Frozen 
Fish Fillets of the species Pangasius, including basa and tra). On 
March 2, 2011, the Department added two HTSUS numbers at the request 
of U.S. Customs and Border Protection (``CBP''): 1604.19.2000 and 
1604 19.3000. On January 30, 2012, the Department added eight HTSUS 
numbers at the request of CBP: 0304.62.0020, 0305.59.0000, 
1604.19.2100, 1604.19.3100, 1604.19.4100, 1604.19.5100, 1604.19.6100 
and 1604.19.8100.
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    For a full description of the scope, see ``New Shipper Review of 
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: 
Ministerial Error Memorandum,'' dated concurrently with and hereby 
adopted by this notice (``Ministerial Error 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 reviewing the Final Rescission, the Department has 
determined that it incorrectly stated that the Vietnam-wide rate is 
2.39 U.S. dollars per kilogram (``kg''). The correct Vietnam-wide rate 
is 2.11 U.S. dollars per kg.\3\ For a detailed discussion of this 
ministerial error, as well as the Department's analysis, see the 
Ministerial Error Memo.
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    \3\ See Certain Frozen Fish Fillets From the Socialist Republic 
of Vietnam: Amended Final Results of Antidumping Duty Administrative 
Review; 2011-2012, 79 FR 37714, 37715 (July 2, 2014).
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    In accordance with section 751(h) of the Act and 19 CFR 351.224(e), 
we are amending the Final Rescission of the new shipper review of fish 
fillets from Vietnam. The revised cash deposit dumping rate is detailed 
below.

Amended Cash Deposit Rate for the New Shipper Review

    The following amended cash deposit requirements apply for all 
shipments of subject merchandise from Thanh Hung entered or withdrawn 
from warehouse: (1) For subject merchandise produced and exported by 
Thanh Hung, the cash deposit rate will be the Vietnam-wide rate (i.e., 
2.11 U.S. dollars per kg); (2) for subject merchandise exported by 
Thanh Hung but not manufactured by Thanh Hung, the cash deposit rate 
will continue to be the Vietnam-wide rate (i.e., 2.11 U.S. dollars per 
kg); and (3) for subject merchandise manufactured by Thanh Hung, but 
exported by any other party, the cash deposit rate will be the rate 
applicable to the exporter. These cash deposit requirements 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) 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 occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    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: December 29, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-30842 Filed 1-2-15; 8:45 am]
BILLING CODE 3510-DS-P