4916 Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices 

Notice of Final Determination of Sales 

at Less Than Fair Value, 65 FR 25706 

(May 3, 2000). 

Combination Rates 

In Circular Welded Austenitic 

Stainless Pressure Pipe from the 

People’s Republic of China: Initiation of 

Antidumping Duty Investigation, 73 FR 

10221 (February 26, 2008) (Initiation 

Notice), the Department stated that it 

would calculate combination rates for 

respondents that are eligible for a 

separate rate in this investigation. See 

Initiation Notice. This change in 

practice is described in Policy Bulletin 

05.1, available at http://ia.ita.doc.gov/. 

Policy Bulletin 05.1, states: 

{w}hile continuing the practice of 

assigning separate rates only to 

exporters, all separate rates that the 

Department will now assign in its 

NME investigations will be specific 

to those producers that supplied the 

exporter during the period of 

investigation. Note, however, that 

one rate is calculated for the 

exporter and all of the producers 

which supplied subject 

merchandise to it during the period 

of investigation. This practice 

applies both to mandatory 

respondents receiving an 

individually calculated separate 

rate as well as the pool of non– 

investigated firms receiving the 

weighted–average of the 

individually calculated rates. This 

practice is referred to as the 

application of ‘‘combination rates’’ 

because such rates apply to specific 

combinations of exporters and one 

or more producers. The cash– 

deposit rate assigned to an exporter 

will apply only to merchandise 

both exported by the firm in 

question and produced by a firm 

that supplied the exporter during 

the period of investigation. 

See Policy Bulletin 05.1, ‘‘Separate 

Rates Practice and Application of 

Combination Rates in Antidumping 

Investigations Involving Non–Market 

Economy Countries.’’ 

Final Determination Margins 

We determine that the following 

percentage dumping margins exist for 

the POI: 

Manufacturer/Exporter Margin 

(Percent) 

Zhejiang Jiuli Hi–Tech Metals 

Co., Ltd. Produced by: 

Zhejiang Jiuli Hi–Tech Metals 

Co., Ltd. .................................. 10.53% 

PRC–Wide Rate ......................... 55.21% 

Continuation of Suspension of 

Liquidation 

In accordance with section 

735(c)(1)(B) of the Act, we will instruct 

U.S. Customs and Border Protection 

(CBP) to continue to suspend 

liquidation of all entries of circular 

welded austenitic stainless pressure 

pipe from the PRC, as described in the 

‘‘Scope of Investigation’’ section, 

entered, or withdrawn from warehouse, 

for consumption on or after September 

5, 2008, the date of publication of the 

Preliminary Determination in the 

Federal Register. We will instruct CBP 

to require a cash deposit or the posting 

of a bond equal to the weighted–average 

dumping margin amount by which the 

NV exceeds U.S. price, as follows: (1) 

The rate for the exporter/producer 

combination listed in the chart above 

will be the rate we have determined in 

this final determination; (2) for all PRC 

exporters of subject merchandise which 

have not received their own rate, the 

cash–deposit rate will be the PRC–wide 

entity rate; and (3) for all non–PRC 

exporters of subject merchandise which 

have not received their own rate, the 

cash–deposit rate will be the rate 

applicable to the PRC exporter/producer 

combination that supplied that non– 

PRC exporter. These suspension–ofliquidation instructions will remain in 

effect until further notice. 

International Trade Commission 

Notification 

In accordance with section 735(d) of 

the Act, we have notified the 

International Trade Commission (ITC) of 

our final determination of sales at LTFV. 

As our final determination is 

affirmative, in accordance with section 

735(b)(2) of the Act, within 45 days the 

ITC will determine whether the 

domestic industry in the United States 

is materially injured, or threatened with 

material injury, by reason of imports or 

sales (or the likelihood of sales) for 

importation of the subject merchandise. 

If the ITC determines that material 

injury or threat of material injury does 

not exist, the proceeding will be 

terminated and all securities posted will 

be refunded or canceled. If the ITC 

determines that such injury does exist, 

the Department will issue an 

antidumping duty order directing CBP 

to assess, upon further instruction by 

the Department, antidumping duties on 

all imports of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the effective 

date of the suspension of liquidation. 

Notification Regarding APO 

This notice also serves as a reminder 

to the parties subject to administrative 

protective order (APO) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305. Timely 

notification of return or destruction of 

APO materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and the terms of an APO is a 

sanctionable violation. 

This determination is issued and 

published in accordance with sections 

735(d) and 777(i)(1) of the Act. 

Dated: January 21, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretaryfor Import 

Administration. 

Appendix I 

List of Issues 

Comment 1: Whether, as Adverse Facts 

Available for the PRC–Wide Entity, the 

Department Should Use the Petition, 

Initiation, or Preliminary Determination 

Margins, and Whether Those Margins 

Should be Adjusted Using Thai, Instead 

of Indian, Surrogate Values 

[FR Doc. E9–1827 Filed 1–27–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–890] 

Amended Final Results of 

Antidumping Duty Administrative 

Review: Wooden Bedroom Furniture 

From the People’s Republic of China 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On August 20, 2008, the 

Department of Commerce 

(‘‘Department’’) published in the 

Federal Register the final results of the 

second administrative review and 

concurrent new shipper review of the 

antidumping duty order on wooden 

bedroom furniture from the People’s 

Republic of China (‘‘PRC’’). See Wooden 

Bedroom Furniture from the People’s 

Republic of China: Final Results of 

Antidumping Duty Administrative 

Review and New Shipper Review, 73 FR 

49162 (August 20, 2008) (‘‘Final 

Results’’) and accompanying Issues and 

Decision Memorandum (August 8, 2007) 

(‘‘Issues and Decision Memo’’). The 

period of review (‘‘POR’’) covered 

January 1, 2006, through December 31, 

2006. We are amending our Final 


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Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices 4917 

1 Dumping margins calculated with respect to the 

new shipper review concurrent with this 

administrative review are unaffected by these 

amended final results. 

2This is the date on which the bracketing final 

versions of these submissions were received by the 

Department. 

3American Furniture Manufacturers Committee 

for Legal Trade and Vaughan-Bassett Furniture 

Company. 

4The ministerial error allegations filed by 

Teamway with the Department did not contain a 

narrative, it only contained attachments. However, 

the copies Teamway served to parties were 

complete. On September 5, 2008, Teamway filed 

the narrative of its ministerial error allegations with 

the Department. 

5A chest-on-chest is typically a tall chest-ofdrawers in two or more sections (or appearing to be 

in two or more sections), with one or two sections 

mounted (or appearing to be mounted) on a slightly 

larger chest; also known as a tallboy. 

6A highboy is typically a tall chest of drawers 

usually composed of a base and a top section with 

drawers, and supported on four legs or a small chest 

(often 15 inches or more in height). 

7A lowboy is typically a short chest of drawers, 

not more than four feet high, normally set on short 

legs. 

8A chest of drawers is typically a case containing 

drawers for storing clothing. 

9A chest is typically a case piece taller than it 

is wide featuring a series of drawers and with or 

without one or more doors for storing clothing. The 

piece can either include drawers or be designed as 

a large box incorporating a lid. 

10A door chest is typically a chest with hinged 

doors to store clothing, whether or not containing 

drawers. The piece may also include shelves for 

televisions and other entertainment electronics. 

11A chiffonier is typically a tall and narrow chest 

of drawers normally used for storing undergarments 

and lingerie, often with mirror(s) attached. 

12A hutch is typically an open case of furniture 

with shelves that typically sits on another piece of 

furniture and provides storage for clothes. 

13An armoire is typically a tall cabinet or 

wardrobe (typically 50 inches or taller), with doors, 

and with one or more drawers (either exterior below 

or above the doors or interior behind the doors), 

shelves, and/or garment rods or other apparatus for 

storing clothes. Bedroom armoires may also be used 

to hold television receivers and/or other audiovisual entertainment systems. 

14As used herein, bentwood means solid wood 

made pliable. Bentwood is wood that is brought to 

a curved shape by bending it while made pliable 

with moist heat or other agency and then set by 

cooling or drying. See Customs’ Headquarters’ 

Ruling Letter 043859, dated May 17, 1976. 

15Any armoire, cabinet or other accent item for 

the purpose of storing jewelry, not to exceed 24′′ in 

width, 18′′ in depth, and 49′′ in height, including 

a minimum of 5 lined drawers lined with felt or 

felt-like material, at least one side door (whether or 

not the door is lined with felt or felt-like material), 

with necklace hangers, and a flip-top lid with inset 

mirror. See Issues and Decision Memorandum from 

Laurel LaCivita to Laurie Parkhill, Office Director, 

Concerning Jewelry Armoires and Cheval Mirrors in 

the Antidumping Duty Investigation of Wooden 

Bedroom Furniture from the People’s Republic of 

China, dated August 31, 2004. See also Wooden 

Bedroom Furniture from the People’s Republic of 

China: Notice of Final Results of Changed 

Circumstances Review and Revocation in Part, 71 

FR 38621 (July 7, 2006). 

16Cheval mirrors are, i.e., any framed, tiltable 

mirror with a height in excess of 50’’ that is 

mounted on a floor-standing, hinged base. 

Additionally, the scope of the order excludes 

combination cheval mirror/jewelry cabinets. The 

excluded merchandise is an integrated piece 

consisting of a cheval mirror, i.e., a framed tiltable 

mirror with a height in excess of 50 inches, 

mounted on a floor-standing, hinged base, the 

cheval mirror serving as a door to a cabinet back 

that is integral to the structure of the mirror and 

which constitutes a jewelry cabinet lined with 

fabric, having necklace and bracelet hooks, 

mountings for rings and shelves, with or without a 

working lock and key to secure the contents of the 

jewelry cabinet back to the cheval mirror, and no 

drawers anywhere on the integrated piece. The fully 

assembled piece must be at least 50 inches in 

height, 14.5 inches in width, and 3 inches in depth. 

See Wooden Bedroom Furniture From the People’s 

Republic of China: Final Results of Changed 

Circumstances Review and Determination To 

Revoke Order in Part, 72 FR 948 (January 9, 2007). 

17Metal furniture parts and unfinished furniture 

parts made of wood products (as defined above) 

that are not otherwise specifically named in this 

scope (i.e., wooden headboards for beds, wooden 

footboards for beds, wooden side rails for beds, and 

wooden canopies for beds) and that do not possess 

the essential character of wooden bedroom 

Continued 

Results to correct ministerial errors 

made in the calculation of the 

antidumping duty margin for Fujian 

Lianfu Forestry Co./Fujian Wonder 

Pacific Inc./Fuzhou Huan Mei Furniture 

Co., Ltd./Jiangsu Dare Furniture Co., 

Ltd. (collectively, ‘‘the Dare Group’’) 

and Teamway Furniture (Dong Guan) 

Co., Ltd., and Brittomart Inc. 

(collectively ‘‘Teamway’’), pursuant to 

section 751(h) of the Tariff Act of 1930, 

as amended (‘‘Act’’) 1. These corrections 

will also affect the dumping margins for 

the other companies in the review to 

which a separate rate applies. See the 

Ministerial Error Memorandum for the 

Final Results of the 2006 Administrative 

and New Shipper Reviews of Wooden 

Bedroom Furniture from the People’s 

Republic China, dated January 23, 2009. 

DATES: Effective Date: January 28, 2009. 

FOR FURTHER INFORMATION CONTACT: Paul 

Stolz, AD/CVD Operations, Office 8, 

Import Administration, International 

Trade Administration, U.S. Department 

of Commerce, 14th Street and 

Constitution Avenue NW., Washington, 

DC 20230; telephone: (202) 482–4474. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 28, 2008,2 Petitioners,3

Teamway,4 and American Signature Inc. 

(‘‘ASI’’), interested parties, filed timely 

ministerial error allegations with respect 

to the Department’s antidumping duty 

margin calculation in the Final Results. 

On September 3, 2008, Petitioners and 

Dare Group filed timely rebuttal 

comments. 

Scope of Order 

The product covered by the order is 

wooden bedroom furniture. Wooden 

bedroom furniture is generally, but not 

exclusively, designed, manufactured, 

and offered for sale in coordinated 

groups, or bedrooms, in which all of the 

individual pieces are of approximately 

the same style and approximately the 

same material and/or finish. The subject 

merchandise is made substantially of 

wood products, including both solid 

wood and also engineered wood 

products made from wood particles, 

fibers, or other wooden materials such 

as plywood, oriented strand board, 

particle board, and fiberboard, with or 

without wood veneers, wood overlays, 

or laminates, with or without non-wood 

components or trim such as metal, 

marble, leather, glass, plastic, or other 

resins, and whether or not assembled, 

completed, or finished. 

The subject merchandise includes the 

following items: (1) Wooden beds such 

as loft beds, bunk beds, and other beds; 

(2) wooden headboards for beds 

(whether stand-alone or attached to side 

rails), wooden footboards for beds, 

wooden side rails for beds, and wooden 

canopies for beds; (3) night tables, night 

stands, dressers, commodes, bureaus, 

mule chests, gentlemen’s chests, 

bachelor’s chests, lingerie chests, 

wardrobes, vanities, chessers, 

chifforobes, and wardrobe-type cabinets; 

(4) dressers with framed glass mirrors 

that are attached to, incorporated in, sit 

on, or hang over the dresser; (5) chestson-chests,5 highboys,6 lowboys,7 chests 

of drawers,8 chests,9 door chests,10

chiffoniers,11 hutches,12 and armoires;13

(6) desks, computer stands, filing 

cabinets, book cases, or writing tables 

that are attached to or incorporated in 

the subject merchandise; and (7) other 

bedroom furniture consistent with the 

above list. 

The scope of the order excludes the 

following items: (1) Seats, chairs, 

benches, couches, sofas, sofa beds, 

stools, and other seating furniture; (2) 

mattresses, mattress supports (including 

box springs), infant cribs, water beds, 

and futon frames; (3) office furniture, 

such as desks, stand-up desks, computer 

cabinets, filing cabinets, credenzas, and 

bookcases; (4) dining room or kitchen 

furniture such as dining tables, chairs, 

servers, sideboards, buffets, corner 

cabinets, china cabinets, and china 

hutches; (5) other non-bedroom 

furniture, such as television cabinets, 

cocktail tables, end tables, occasional 

tables, wall systems, book cases, and 

entertainment systems; (6) bedroom 

furniture made primarily of wicker, 

cane, osier, bamboo or rattan; (7) side 

rails for beds made of metal if sold 

separately from the headboard and 

footboard; (8) bedroom furniture in 

which bentwood parts predominate;14


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4918 Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices 

furniture in an unassembled, incomplete, or 

unfinished form. Such parts are usually classified 

under the Harmonized Tariff Schedule of the 

United States (‘‘HTSUS’’) subheading 9403.90.7000. 

18Upholstered beds that are completely 

upholstered, i.e., containing filling material and 

completely covered in sewn genuine leather, 

synthetic leather, or natural or synthetic decorative 

fabric. To be excluded, the entire bed (headboards, 

footboards, and side rails) must be upholstered 

except for bed feet, which may be of wood, metal, 

or any other material and which are no more than 

nine inches in height from the floor. See Wooden 

Bedroom Furniture from the People’s Republic of 

China: Final Results of Changed Circumstances 

Review and Determination to Revoke Order in Part, 

72 FR 7013 (February 14, 007). 

(9) jewelry armoires;15 (10) cheval 

mirrors;16 (11) certain metal parts;17 (12) 

mirrors that do not attach to, 

incorporate in, sit on, or hang over a 

dresser if they are not designed and 

marketed to be sold in conjunction with 

a dresser as part of a dresser-mirror set; 

and (13) upholstered beds.18

Imports of subject merchandise are 

classified under subheading 

9403.50.9040 of the HTSUS as ‘‘wooden 

* * * beds’’ and under subheading 

9403.50.9080 of the HTSUS as ‘‘other 

* * * wooden furniture of a kind used 

in the bedroom.’’ In addition, wooden 

headboards for beds, wooden footboards 

for beds, wooden side rails for beds, and 

wooden canopies for beds may also be 

entered under subheading 9403.50.9040 

of the HTSUS as ‘‘parts of wood’’ and 

framed glass mirrors may also be 

entered under subheading 7009.92.5000 

of the HTSUS as ‘‘glass mirrors * * * 

framed.’’ This order covers all wooden 

bedroom furniture meeting the above 

description, regardless of tariff 

classification. Although the HTSUS 

subheadings are provided for 

convenience and customs purposes, our 

written description of the scope of this 

proceeding is dispositive. 

Ministerial Errors 

A ministerial error is defined in 

section 751(h) of the Act and further 

clarified in 19 CFR 351.224(f) as ‘‘an 

error in addition, subtraction, or other 

arithmetic function, clerical error 

resulting from inaccurate copying, 

duplication, or the like, and any other 

similar type of unintentional error 

which the Secretary considers 

ministerial.’’ 

After analyzing all interested parties’ 

comments, we have determined, in 

accordance with 19 CFR 351.224(e), that 

ministerial errors existed in certain 

calculations for Dare Group and 

Teamway in the Final Results. 

Correction of these errors results in a 

change to Dare Group’s and Teamway’s 

final antidumping duty margins. 

Additionally, the rate change for Dare 

Group and Teamway also affects the 

dumping margins for the other 

companies subject to the administrative 

review that receive a separate rate. The 

dumping margin for the PRC-wide 

entity remains unchanged. For a 

detailed discussion of these ministerial 

errors, as well as the Department’s 

analysis, see the Memorandum titled: 

Ministerial Error Memorandum for the 

Final Results of Reviews of Wooden 

Bedroom Furniture from the People’s 

Republic of China, dated January 23, 

2009, (‘‘Ministerial Error Allegation 

Memorandum’’). The Ministerial Error 

Allegation Memorandum is on file in 

the Central Records Unit, room 1117 in 

the main Department building. The 

index for this memorandum is attached 

as Appendix 1. 

Therefore, in accordance with section 

751(h) of the Act and 19 CFR 351.224(e), 

we are amending the Final Results of the 

administrative review of wooden 

bedroom furniture from the PRC. The 

revised weighted-average dumping 

margins are detailed below. For 

company-specific calculations, see 

‘‘Analysis Memorandum for the 

Amended Final Results for Dare 

Group,’’ dated January 23, 2009, and 

‘‘Analysis Memorandum for the 

Amended Final Results for Teamway’’ 

dated January 23, 2009. Listed below are 

the weighted average dumping margins 

resulting from this administrative 

review and new shipper review 

including the revised margins resulting 

from these amended final results: 

WOODEN BEDROOM FURNITURE FROM THE PRC 

Exporter 

Weightedaverage 

margin 

(percent) 

Fujian Lianfu Forestry Co., Ltd., aka Fujian Wonder Pacific Inc. (Dare Group) ..................................................................................... 39.44 

Fuzhou Huan Mei Furniture Co., Ltd. (Dare Group) ............................................................................................................................... 39.44 

Jiangsu Dare Furniture Co., Ltd. (Dare Group) ...................................................................................................................................... 39.44 

Teamway Furniture (Dong Guan) Co. Ltd., Brittomart Inc. ..................................................................................................................... 25.06 

BNBM Co., Ltd. (aka Beijing New Material Co., Ltd.) ............................................................................................................................. 33.38 

Classic Furniture Global Co., Ltd. ........................................................................................................................................................... 33.38 

Dalian Guangming Furniture Co., Ltd. .................................................................................................................................................... 33.38 

Decca Furniture Ltd., aka Decca ............................................................................................................................................................. 33.38 

Dong Guan Golden Fortune Houseware Co., Ltd. .................................................................................................................................. 33.38 

Dongguan Mingsheng Furniture Co., Ltd. ............................................................................................................................................... 33.38 

Dongguan Yihaiwei Furniture Limited ..................................................................................................................................................... 33.38 

Fortune Furniture Ltd. and its affiliate, Dongguan Fortune Furniture Ltd. .............................................................................................. 33.38 

Gaomi Yatai Wooden Ware Co., Ltd., Team Prospect International Ltd., Money Gain International Co. ............................................. 33.38 

Guangming Group Wumahe Furniture Co., Ltd. ..................................................................................................................................... 33.38 

Inni Furniture ............................................................................................................................................................................................ 33.38 

Mei Jia Ju Furniture Industrial (Shenzhen) Co. Ltd.19 ............................................................................................................................ 216.01 

Meikangchi (Nantong) Furniture Company Ltd. ...................................................................................................................................... 33.38 

Nanjing Nanmu Furniture Co., Ltd. ......................................................................................................................................................... 33.38 

Po Ying Industrial Co. .............................................................................................................................................................................. 33.38 

Qingdao Beiyuan-Shengli Furniture Co., Ltd., Qingdao Beiyuan Industry Trading Co. Ltd. .................................................................. 33.38 

Shenzhen Tiancheng Furniture Co., Ltd., Winbuild Industrial Ltd., Red Apple Furniture Co., Ltd. and Red Apple Trading Co., Ltd. .. 33.38 

Shenyang Kunyu Wood Industry Co., Ltd. .............................................................................................................................................. 33.38 

Shenzhen Xingli Furniture Co., Ltd. ........................................................................................................................................................ 33.38 

Tianjin First Wood Co., Ltd. ..................................................................................................................................................................... 33.38 

Union Friend International Trade Co., Ltd. .............................................................................................................................................. 33.38 

Winmost Enterprises Limited ................................................................................................................................................................... 33.38 


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Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices 4919 

WOODEN BEDROOM FURNITURE FROM THE PRC—Continued 

Exporter 

Weightedaverage 

margin 

(percent) 

Winny Overseas, Ltd. .............................................................................................................................................................................. 33.38 

Yangchen Hengli Co., Ltd. ...................................................................................................................................................................... 33.38 

Yichun Guangming Furniture Co., Ltd. .................................................................................................................................................... 33.38 

Zhong Cheng Furniture Co., Ltd. ............................................................................................................................................................ 33.38 

PRC-Wide Rate 20 ................................................................................................................................................................................... 216.01 

19 Mei Jia Ju Furniture Industrial (Shenzhen) Co. Ltd. is subject to the new shipper review, not the administrative review. Therefore, it dumping 

margin is unaffected by these amended final results of the administrative review. 20The PRC-Wide Rate is unaffected by these amended final results of the administrative review. 

Notification of Interested Parties 

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 

review period. Failure to comply with 

this requirement could result in the 

Secretary’s presumption that 

reimbursement of the antidumping 

duties occurred and the subsequent 

assessment of double antidumping 

duties. 

This notice also serves as a reminder 

to parties subject to administrative 

protective orders (‘‘APOs’’) of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under the APO in accordance 

with 19 CFR 351.305(a)(3), which 

continues to govern business 

proprietary information in this segment 

of the proceeding. Timely written 

notification 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. 

Disclosure 

We will disclose the calculations 

performed for these final results within 

five days of the date of publication of 

this notice to interested parties in 

accordance with 19 CFR 351.224(b). 

Assessment Rate 

The Department will determine, and 

U.S. Customs and Border Protection 

(‘‘CBP’’) shall assess, antidumping 

duties on all appropriate entries based 

on the amended final results. For details 

on the assessment of antidumping 

duties on all appropriate entries, see 

Final Results. 

The Department intends to issue 

appropriate assessment instructions 

directly to CBP 15 days after the date of 

publication of the amended final results 

of the administrative review. 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective 

retroactively on any entries made on or 

after August 8, 2008, 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, as provided for by 

section 751(a)(2)(C) of the Act: (1) For 

the exporters listed above, the cash 

deposit rate will be the rates shown for 

those companies (except if the rate is de 

minimis, i.e., less than 0.5 percent, a 

zero cash deposit will be required for 

that company); (2) for previously 

investigated or reviewed PRC and nonPRC exporters not listed above that have 

separate rates, the cash deposit rate will 

continue to be the exporter-specific rate 

published for the most recent period; (3) 

for all PRC exporters of subject 

merchandise which have not been 

found to be entitled to a separate rate, 

the cash deposit rate will be the PRCwide rate of 216.01 percent; and (4) for 

all non-PRC exporters of subject 

merchandise which have not received 

their own rate, the cash deposit rate will 

be the rate applicable to the PRC 

exporters that supplied that non-PRC 

exporter. These deposit requirements 

shall remain in effect until further 

notice. 

These amended final results are 

published in accordance with sections 

751(h) and 777(i)(1) of the Act. 

Dated: January 23, 2009. 

Ronald Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

APPENDIX 1 

General Issues 

Issue 1: Whether the Department Miscalculated/Mis-applied the Surrogate 

Values (‘‘SV’’) for 29 Factors of Production 

(‘‘FOP’’) 

Teamway-Specific Issues 

Issue 2: Whether the Department Incorrectly 

Calculated Market Economy Purchase 

(‘‘MEP’’) Prices for Certain Inputs. 

Issue 3: Whether the Department Applied an 

Incorrect Truck Freight to Certain Inputs. 

Issue 4: Whether the Department Omitted 

Mirrors from Teamway’s Normal Value 

Calculations. 

Issue 5: Whether the Department Properly 

Corrected the Electricity and Water Usage 

Rates for the Verification Minor Correction. 

Issue 6: Whether the Department Incorrectly 

Applied Adverse Facts Available (‘‘AFA’’) 

to Veneers. 

Issue 7: Whether the Department Incorrectly 

Assigned FOPs to Control Numbers 

(‘‘CONNUMS’’) (‘‘pre-POR CONNUMS’’) 

Sold but not Produced during the Period of 

Review (‘‘POR’’). 

Issue 8: Whether the Department Incorrectly 

Included Certain Transactions in its 

Margin Calculation for the Final Results. 

Dare Group-Specific Issues 

Issue 9: Whether the Department Correctly 

Applied the Cubic-Meters-to-Pieces 

Conversion Factor for Semi-finished 

Furniture. 

Issue 10: Whether the Department Should 

Apply the Average Piece-Types Conversion 

Factor for CONNUMs with No Specific 

Conversion Factor Reported to Convert 

Semi-finished Furniture from its Reported 

Quantity in Cubic Meters (‘‘M3’’) to Pieces. 

Issue 11: Whether the Department Failed to 

Weight-Average the Market Economy 

Purchase Prices and Average Unit Values 

(‘‘AUV’’). 

Issue 12: Whether the Department Failed to 

Exclude Non-Subject Piece Types From its 

Margin Calculations. 

Issue 13: Whether the Department Included 

Certain FOPs in the Normal Value 

Calculation. 

Issue 14: Whether the Department Failed to 

Use the Correct Conversion Factor for 

VENEERPLY. 

Issue 15: Whether the Department Incorrectly 

Converted the Currency of 

BIRCHWOOD_SV. 

Issue 16: Whether the Department Used the 

Correct Conversion Factors for Certain FOP 

Freight Costs. 

Issue 17: Whether the Department 

Implemented its Intended AFA with 

Respect to a Type of Plywood. 


sroberts on PROD1PC70 with NOTICES
4920 Federal Register / Vol. 74, No. 17 / Wednesday, January 28, 2009 / Notices 

1Where a statutory deadline falls on a weekend, 

federal holiday, or any other day when the 

Department is closed, the Department will continue 

its longstanding practice of reaching our 

determination on the next business day. In this 

instance, the preliminary results will be released no 

later than January 21, 2009. 

2The 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’’). 

3Until July 1, 2004, these products were 

classifiable under tariff article codes 0304.20.60.30 

(Frozen Catfish Fillets), 0304.20.60.96 (Frozen Fish 

Fillets, NESOI), 0304.20.60.43 (Frozen Freshwater 

Issue 18: Whether the Department Failed to 

Incorporate Minor Corrections Accepted at 

Verification. 

Issue 19: Whether the Department Mistakenly 

Used an MEP from a Subsidy Country to 

Value an FOP. 

Issue 20: Whether the Department Used the 

Correct Kilogram (‘‘kg’’)/Square Meter 

(‘‘M2’’) Converter for Lauan Veneer 

(‘‘LAUANVENEER’’). 

Issue 21: Whether the Department Used an 

Incorrect SV for Truck Freight in the Cost 

Calculation String for LEATHEROID. 

Issue 22: Whether the Department Incorrectly 

Included Packing Labor in the Calculation 

of the Cost of Manufacture (‘‘COM’’) with 

Respect to CONNUMS Reported in the 

‘‘Sold Not Produced’’ (‘‘SNP’’) FOP 

Database. 

Issue 23: Whether the Department Made an 

Error in the Calculation of the Surrogate 

Financial Ratios. 

Issue 24: Whether the Department Failed to 

Deflate SVs Based on 2007 Import Data. 

Issue 25: Whether the Department Applied 

the Correct kg/Cubic Meter (‘‘M3’’) 

Converter for Fiberboard. 

Issue 26: Whether the Department Used an 

Incorrect SV for Philippine Harmonized 

Schedule (‘‘HS’’) Number 4407.99.00 in the 

SNP SV Spreadsheet to Value Several 

Types of Wood and Wood Parts. 

[FR Doc. E9–1861 Filed 1–27–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

A–552–801 

Certain Frozen Fish Fillets from the 

Socialist Republic of Vietnam: 

Preliminary Results of the Third New 

Shipper Reviews 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On February 1, 2005, the 

Department published in the Federal 

Register the antidumping duty order on 

certain frozen fish fillets from the 

Socialist Republic of Vietnam 

(‘‘Vietnam’’). See Notice of 

Antidumping Duty Order: Certain 

Frozen Fish Fillets From the Socialist 

Republic of Vietnam, 68 FR 47909 

(August 12, 2003) (‘‘Order’’). The 

Department is conducting new shipper 

reviews (‘‘NSR’’) of the Order, covering 

the period of review (‘‘POR’’) of August 

1, 2007, through January 31, 2008. If 

these preliminary results are adopted in 

our final results of review, we will 

instruct U.S. Customs and Border 

Protection (‘‘CBP’’) to assess 

antidumping duties on entries of subject 

merchandise during the POR for which 

the importer–specific assessment rates 

are above de minimis. 

EFFECTIVE DATE: January 28, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Alan Ray or Emeka Chukwudebe, 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 or (202) 482– 

0219, respectively. 

SUPPLEMENTARY INFORMATION: 

General Background 

On February 25, 2008, pursuant to 

section 751(a)(2)(B)(i) of the Tariff Act 

of 1930, as amended (‘‘the Act’’), and 19 

CFR 351.214(c), the Department 

received NSR requests from Asia 

Commerce Fisheries Joint Stock 

Company (‘‘Acom’’) and Hiep Thanh 

Seafood Joint Stock Company (‘‘Hiep 

Thanh). Both companies certified that 

they are the producers and exporters of 

the subject merchandise upon which the 

requests were based. 

On April 7, 2008, the Department 

initiated antidumping duty new shipper 

reviews on frozen fish fillets from 

Vietnam covering the two companies. 

See Certain Frozen Fish Fillets from the 

Socialist Republic of Vietnam: Initiation 

of Antidumping Duty New Shipper 

Reviews, 72 FR 54428 (April 7, 2008). 

On April 14, 2008, the Department 

issued original questionnaires to both 

Hiep Thanh and Acom. Between May 

and October 2008, Hiep Thanh and 

Acom submitted responses to the 

original sections A, C, and D 

questionnaires and supplemental 

sections A, C, and D questionnaires. 

Extension of Time Limits 

On September 25, 2008, the 

Department extended the deadline for 

the preliminary results of this review by 

120 days, to January 20, 2009. See 

Certain Frozen Fish Fillets from the 

Socialist Republic of Vietnam: 

Extension of Time Limits for the 

Preliminary Results of the New Shipper 

Reviews, 73 FR 55496 (September 25, 

2008)1 (‘‘Extension’’). 

Surrogate Country and Surrogate 

Values 

On December 12, 2008, the 

Department sent interested parties a 

letter requesting comments on surrogate 

country selection and information 

pertaining to valuing factors of 

production (‘‘FOP’’). On January 5, 

2009, Petitioners2 submitted surrogate 

value data. No other party submitted 

surrogate country or surrogate value 

data. 

Verification 

Pursuant to 19 CFR 351.307(b)(iv), we 

conducted verification of the sales and 

factors of production (‘‘FOP’’) for Hiep 

Thanh between November 12–20, 2008. 

See Memorandum to the File from Alan 

Ray, Case Analyst through Alex 

Villanueva, Program Manager, 

Verification of the Sales and Factors 

Response of Hiep Thanh in the 

Antidumping New Shipper Review of 

Certain Frozen Fish Fillets from the 

Socialist Republic of Vietnam 

(‘‘Vietnam’’), dated December 12, 2008 

(‘‘Hiep Thanh Verification Report’’). 

Scope of the Order 

The product covered by this 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’’).3 This 


sroberts on PROD1PC70 with NOTICES