5820 Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / Notices 

1Until 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 

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. 

(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, crosssection 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’’).1 This 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. 

Analysis of Comments Received 

All issues raised in this review are 

addressed in the ‘‘Issues and Decision 

Memorandum’’ (‘‘Decision 

Memorandum’’) from John M. 

Andersen, Acting Deputy Assistant 

Secretary for Import Administration, to 

Ronald K. Lorentzen, Acting Assistant 

Secretary for Import Administration, 

which is hereby adopted by this notice. 

The issues discussed in the Decision 

Memorandum include the likelihood of 

continuation or recurrence of dumping 

and the magnitude of the margins likely 

to prevail if the order were revoked. 

Parties can find a complete discussion 

of all issues raised in this review and 

the corresponding recommendations in 

this public memorandum, which is on 

file in the Central Records Unit in room 

1117 of the main Commerce building. 

In addition, a complete version of the 

Decision Memorandum can be accessed 

directly on the Web at http:// 

ia.ita.doc.gov/frn. The paper copy and 

electronic version of the Decision 

Memorandum are identical in content. 

Final Results of Review 

Pursuant to sections 752(c)(1) and (3) 

of the Act, we determine that revocation 

of the antidumping duty order on fish 

fillets from Vietnam would be likely to 

lead to continuation or recurrence of 

dumping at the following weightedaverage percentage margins: 

Manufacturers/exporters/producers 

Weightedaverage 

margin 

(percent) 

An Giang Fisheries Import and Export Joint Stock Company (‘‘Agifish’’) ............................................................................................... 47.05 

Vinh Hoan Company Limited (‘‘Vinh Hoan’’) ........................................................................................................................................... 36.84 

Nam Viet Company Limited (‘‘Nam Viet’’) ............................................................................................................................................... 53.68 

Can Tho Agricultural and Animal Products Import Export Company (‘‘CATACO’’) ................................................................................ 45.81 

An Giang Agriculture and Food Import Export Company (‘‘Afiex’’) ........................................................................................................ 45.55 

Can Tho Animal Fishery Products Processing Export Enterprise (‘‘CAFATEX’’) ................................................................................... 45.55 

Da Nang Seaproducts Import-Export Corporation (‘‘Da Nang’’) ............................................................................................................. 45.55 

Mekongfish Company (‘‘Mekonimex’’) ..................................................................................................................................................... 45.55 

QVD Food Company Limited (‘‘QVD’’) .................................................................................................................................................... 45.55 

Viet Hai Seafood Company Limited (‘‘Viet Hai’’) ..................................................................................................................................... 45.55 

Vinh Long Import-Export Company (‘‘Vinh Long’’) .................................................................................................................................. 45.55 

Vietnam-Wide .......................................................................................................................................................................................... 63.88 

This notice also serves as the only 

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 section 351.305 

of the Department’s regulations. Timely 

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. 

We are issuing and publishing the 

results and notice in accordance with 

sections 751(c), 752(c), and 777(i)(1) of 

the Act. 

Dated: January 27, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–2195 Filed 1–30–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

House Ear Institute, et al.; Notice of 

Consolidated Decision on Applications 

for Duty-Free Entry of Electron 

Microscopes 

This is a decision consolidated 

pursuant to Section 6(c) of the 

Educational, Scientific, and Cultural 

Materials Importation Act of 1966 (Pub. 

L. 89–651, as amended by Pub. L. 106– 

36; 80 Stat. 897; 15 CFR part 301). 

Related records can be viewed between 

8:30 a.m. and 5 p.m. in Room 2104, U.S. 

Department of Commerce, 14th and 

Constitution Avenue, NW., Washington, 

DC. 

Docket Number: 08–055. Applicant: 

House Ear Institute, Los Angeles, CA 

90057. Instrument: Electron Microscope, 

Model Technai G2 20 TEM. 

Manufacturer: FEI Company, Czech 

Republic. Intended Use: See notice at 73 

FR 74703, December 9, 2008. 

Docket Number: 08–057. Applicant: 

Louisiana State University, Baton 

Rouge, LA 70803. Instrument: Electron 

Microscope, Model FEI Quanta 3D FEG 

DualBeam. Manufacturer: FEI Company, 

the Netherlands. Intended Use: See 

notice at 73 FR 70961, November 24, 

2008. 


dwashington3 on PROD1PC60 with NOTICES
Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / Notices 5821 

Docket Number: 08–058. Applicant: 

University of New Mexico, 

Albuquerque, NM 87131. Instrument: 

Electron Microscope, Model FEI Quanta 

3D FEG Focused Ion Beam. 

Manufacturer: FEI Company, the 

Netherlands. Intended Use: See notice at 

73 FR 70961, November 24, 2008. 

Comments: None received. Decision: 

Approved. No instrument of equivalent 

scientific value to the foreign 

instrument, for such purposes as these 

instruments are intended to be used, 

was being manufactured in the United 

States at the time the instruments were 

ordered. Reasons: Each foreign 

instrument is an electron microscope 

and is intended for research or scientific 

educational uses requiring an electron 

microscope. We know of no electron 

microscope, or any other instrument 

suited to these purposes, which was 

being manufactured in the United States 

at the time of order of each instrument. 

Dated: January 26, 2009. 

Christopher D. Cassel, 

Acting Director, Subsidies Enforcement 

Office, Import Administration. 

[FR Doc. E9–2181 Filed 1–30–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews and Requests for Revocation 

in Part 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) has received requests 

to conduct administrative reviews of 

various antidumping and countervailing 

duty orders and findings with December 

anniversary dates. In accordance with 

our regulations, we are initiating those 

administrative reviews. The Department 

also received requests to revoke one 

antidumping duty order in part. 

DATES: Effective Date: February 2, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Sheila E. Forbes, Office of AD/CVD 

Operations, Customs Unit, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230, 

telephone: (202) 482–4737. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department has received timely 

requests, in accordance with 19 CFR 

351.213(b), for administrative reviews of 

various antidumping and countervailing 

duty orders and findings with December 

anniversary dates. The Department also 

received timely requests to revoke in 

part the antidumping duty order on 

Honey from Argentina with respect to 

two exporters. 

Notice of No Sales 

Under 19 CFR 351.213(d)(3), the 

Department may rescind a review where 

there are no exports, sales, or entries of 

subject merchandise during the 

respective period of review (POR) listed 

below. If a producer or exporter named 

in this notice of initiation had no 

exports, sales, or entries during the 

POR, it should notify the Department 

within 30 days of publication of this 

notice in the Federal Register. The 

Department will consider rescinding the 

review only if the producer or exporter, 

as appropriate, submits a properly filed 

and timely statement certifying that it 

had no exports, sales, or entries of 

subject merchandise during the POR. 

All submissions must be made in 

accordance with 19 CFR 351.303 and 

are subject to verification in accordance 

with section 782(i) of the Tariff Act of 

1930, as amended (the Act). Six copies 

of the submission should be submitted 

to the Assistant Secretary for Import 

Administration, International Trade 

Administration, Room 1870, U.S. 

Department of Commerce, 14th Street 

and Constitution Avenue, NW, 

Washington, DC 20230. Further, in 

accordance with 19 CFR 351.303(f)(1)(i), 

a copy of each request must be served 

on every party on the Department’s 

service list. 

Respondent Selection 

In the event the Department limits the 

number of respondents for individual 

examination for administrative reviews, 

the Department intends to select 

respondents based on U.S. Customs and 

Border Protection (CBP) data for U.S. 

imports during the POR. We intend to 

release the CBP data under 

Administrative Protective Order (APO) 

to all parties having an APO within five 

days of publication of this initiation 

notice and to make our decision 

regarding respondent selection within 

20 days of publication of this Federal 

Register notice. The Department invites 

comments regarding the CBP data and 

respondent selection within 10 calendar 

days of publication of this Federal 

Register notice. 

Separate Rates 

In proceedings involving non-market 

economy (NME) countries, the 

Department begins with a rebuttable 

presumption that all companies within 

the country are subject to government 

control and, thus, should be assigned a 

single antidumping duty deposit rate. It 

is the Department’s policy to assign all 

exporters of merchandise subject to an 

administrative review in an NME 

country this single rate unless an 

exporter can demonstrate that it is 

sufficiently independent so as to be 

entitled to a separate rate. 

To establish whether a firm is 

sufficiently independent from 

government control of its export 

activities to be entitled to a separate 

rate, the Department analyzes each 

entity exporting the subject 

merchandise under a test arising from 

the Final Determination of Sales at Less 

Than Fair Value: Sparklers from the 

People’s Republic of China, 56 FR 20588 

(May 6, 1991), as amplified by Final 

Determination of Sales at Less Than 

Fair Value: Silicon Carbide from the 

People’s Republic of China, 59 FR 22585 

(May 2, 1994). In accordance with the 

separate-rates criteria, the Department 

assigns separate rates to companies in 

NME cases only if respondents can 

demonstrate the absence of both de jure 

and de facto government control over 

export activities. 

All firms listed below that wish to 

qualify for separate-rate status in the 

administrative reviews involving NME 

countries must complete, as 

appropriate, either a separate-rate 

application or certification, as described 

below. For these administrative reviews, 

in order to demonstrate separate-rate 

eligibility, the Department requires 

entities for whom a review was 

requested, that were assigned a separate 

rate in the most recent segment of this 

proceeding in which they participated, 

to certify that they continue to meet the 

criteria for obtaining a separate rate. The 

Separate Rate Certification form will be 

available on the Department’s Web site 

at http://ia.ita.doc.gov/nme.nme-seprate.html on the date of publication of 

this Federal Register notice. In 

responding to the certification, please 

follow the ‘‘Instructions for Filing the 

Certification’’ in the Separate Rate 

Certification. Separate Rate 

Certifications are due to the Department 

no later than 30 calendar days after 

publication of this Federal Register 

notice. The deadline and requirement 

for submitting a Certification applies 

equally to NME-owned firms, wholly 

foreign-owned firms, and foreign sellers 

who purchase and export subject 

merchandise to the United States. 

For entities that have not previously 

been assigned a separate rate, to 

demonstrate eligibility for such, the 

Department requires a Separate Rate 

Status Application. The Separate Rate 


dwashington3 on PROD1PC60 with NOTICES