4542 Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Notices 

3See Letter from Dalla Costa to the Department, 

‘‘Antidumping Duty Administrative Review of 

Ce1tain Pasta from Italy: Withdrawal of Review 

Request for Administrative Review of Dalla Costa 

Alimentare SRL,’’ dated October 10, 2014; Letter 

from Pasta Lensi to the Department, ‘‘Pasta from 

Italy: Withdrawal of Request for Administrative 

Review,’’ dated November 25, 2014. 

4See Initiation Notice. 

1See Certain Polyester Staple Fiber from the 

People’s Republic of China: Preliminary Results of 

the Antidumping Duty Administrative Review; 

2012–2013 (July 25, 2014) (‘‘Preliminary Results’’) 

and accompanying Decision Memorandum. 

2See Sixth Administrative Review of Polyester 

Staple Fiber from the People’s Republic of China— 

Preliminary Results Clerical Error Allegation, dated 

July 23, 2014. The Department notes that ‘‘Polyester 

Staple Fiberfill’’ is a misidentification of the 

proceeding. The Department has corrected this 

reference throughout this document to the name: 

‘‘Polyester Staple Fiber.’’ 

3See Preliminary Results. 

4See Memorandum to Christian Marsh, Deputy 

Assistant Secretary for Antidumping and 

Countervailing Duty Operations, through James C. 

Doyle, Director, Office V, Antidumping and 

Countervailing Duty Operations, from Steven 

Hampton, International Trade Compliance Analyst, 

Office V, Antidumping and Countervailing Duty 

Operations regarding Certain Polyester Staple Fiber 

from the People’s Republic of China: Extension of 

Deadline for Final Results of Antidumping Duty 

Administrative Review, dated October 30, 2014. 

5See Memorandum to Paul Piquado, Assistant 

Secretary for Enforcement and Compliance, from 

Christian Marsh, Deputy Assistant Secretary for 

Antidumping and Countervailing Duty Operations, 

regarding Certain Polyester Staple Fiber from the 

People’s Republic of China: Issues and Decision 

Memorandum for the Final Results of the 2012– 

2013 Administrative Review issued concurrently 

with this notice for a complete description of the 

Scope of the Order (‘‘I&D Memo’’). 

November 25, 2014, respectively, Dalla 

Costa and Pasta Lensi timely withdrew 

their respective requests for a review.3

Partial Rescission of the 2013–2014 

Administrative Review 

Pursuant to 19 CFR 351.213(d)(1), the 

Secretary will rescind an administrative 

review, in whole or in part, if the parties 

that requested a review withdraw the 

request within 90 days of the date of 

publication of the notice of initiation of 

the requested review. The Department 

initiated the instant review on August 

29, 2014.4 Dalla Costa and Pasta Lensi 

withdrew their requests for a review on 

October 10, 2014 and November 25, 

2014, respectively, which is within the 

90-day deadline. No other party 

requested an administrative review of 

these particular companies. Therefore, 

in accordance with 19 CFR 

351.213(d)(1), we are rescinding this 

review of the antidumping duty order 

on certain pasta from Italy, in part, with 

respect to Dalla Costa and Pasta Lensi. 

The instant review will continue with 

respect to Andalini, Delverde, La 

Molisana, and Rummo. 

Assessment 

The Department will instruct CBP to 

assess antidumping duties on all 

appropriate entries. For the companies 

for which this review is rescinded, Dalla 

Costa and Pasta Lensi, antidumping 

duties shall be assessed at rates equal to 

the cash deposit of estimated 

antidumping duties required at the time 

of entry, or withdrawal from warehouse, 

for consumption, during the period July 

1, 2013, through June 30, 2014, in 

accordance with 19 CFR 

351.212(c)(1)(i). 

The Department intends to issue 

appropriate assessment instructions 

directly to CBP 15 days after publication 

of this notice. 

Notification to Importers 

This notice serves as a reminder to 

importers of their responsibility under 

19 CFR 351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping and/or countervailing 

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 antidumping and/or 

countervailing duties occurred and the 

subsequent increase in the amount of 

antidumping duties assessed. 

Notification Regarding Administrative 

Protective Order 

This notice serves as a final reminder 

to parties subject to administrative 

protective orders (APOs) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under an 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 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. 

This notice is issued and published in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Tariff Act of 1930, as 

amended, and 19 CFR 351.213(d)(4). 

Dated: January 23, 2015. 

Christian Marsh, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2015–01586 Filed 1–27–15; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–905] 

Certain Polyester Staple Fiber From 

the People’s Republic of China: Final 

Results of the Antidumping Duty 

Administrative Review; 2012–2013 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On July 25, 2014, the 

Department of Commerce 

(‘‘Department’’) published in the 

Federal Register the Preliminary Results 

of the sixth administrative review of the 

antidumping duty order on certain 

polyester staple fiber (‘‘PSF’’) from the 

People’s Republic of China (‘‘PRC’’).1

We gave interested parties an 

opportunity to comment on the 

Preliminary Results. Based upon our 

analysis of the comments and 

information received, we made changes 

to the margin calculations for the final 

results. 

FOR FURTHER INFORMATION CONTACT: 

Steven Hampton, AD/CVD Operations, 

Office V, Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce, 14th Street 

and Constitution Avenue NW., 

Washington, DC 20230; telephone: (202) 

482–0116. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 23, 2014, DAK Americas LLC 

(‘‘Petitioner’’) filed comments regarding 

ministerial errors.2 On July 25, 2014, the 

Department published the Preliminary 

Results.3 On October 21, 2014, 

Petitioner and Takayasu Industrial 

(Jiangyin) Co., Ltd. (‘‘Takayasu’’) 

submitted case briefs. On October 28, 

2014, Petitioner and Takayasu 

submitted rebuttal briefs. On October 

30, 2014, the Department fully extended 

the final results to January 21, 2015.4 On 

November 5, 2014, Takayasu submitted 

a redacted rebuttal brief per the 

Department’s request. 

Scope of the Order 

The merchandise subject to the order 

is certain polyester staple fiber. The 

product is currently classified under the 

Harmonized Tariff Schedule of the 

United States (‘‘HTSUS’’) numbers 

5503.20.0045 and 5503.20.0065. 

Although the HTSUS numbers are 

provided for convenience and customs 

purposes, the written description of the 

scope of the order, which is contained 

in the accompanying Issues and 

Decision Memorandum (‘‘I&D Memo’’) 

is dispositive.5

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Notices 4543 

6On November 24, 2014, Enforcement and 

Compliance changed the name of Enforcement and 

Compliance’s AD and CVD Centralized Electronic 

Service System (‘‘IA ACCESS’’) to AD and CVD 

Centralized Electronic Service System (‘‘ACCESS’’). 

The Web site location was changed from http://

iaaccess.trade.gov to http://access.trade.gov. The 

Final Rule changing the references to the 

Regulations can be found at 79 FR 69046 

(November 20, 2014). 

7See I&D Memo, at Comment 1. 

8 Id., at Comment 2. 

9 Id., at Comment 8A. 

10 Id., at Comment 8B. 

11 Id., at Comment 8C. 

12 Id., at Comment 9A. 

13 Id., at Comment 9B. 

14 Id., at Comment 9C. 

15 Id., at Comment 9D. 

16See 19 CFR 351.212(b)(1). 

17 Id. 

18 Id. 

19See 19 CFR 351.106(c)(2). 

20See Non-Market Economy Antidumping 

Proceedings: Assessment of Antidumping Duties, 76 

FR 65694 (October 24, 2011). 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties in these 

reviews are addressed in the I&D Memo. 

A list of the issues which parties raised 

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’’), Room 7046 of 

the main Department of Commerce 

building, as well as electronically via 

Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(‘‘ACCESS’’).6 ACCESS is available to 

registered users at http://

access.trade.gov and in the CRU. In 

addition, a complete version of the I&D 

Memo can be accessed directly on the 

internet at http://enforcement.trade.gov/ 

frn/index.html. The signed I&D Memo 

and the electronic versions of the I&D 

Memo are identical in content. 

Changes Since the Preliminary Results 

Based on a review of the record and 

comments received from interested 

parties regarding the Preliminary 

Results, and for the reasons explained in 

the I&D Memo, the Department has 

made the following changes to the 

margin calculation: 

• We revised the calculation of 

surrogate financial ratios using the 

financial statements of Angtai Co., Ltd. 

and Compass Corporation Co., Ltd.7

• We based the surrogate value for 

PET Flakes on Thai import statistics 

recorded in Global Trade Atlas using the 

product-specific subcategory under the 

Thai Harmonized Tariff Schedule.8

• We included all of the direct 

materials that Takayasu reported as 

market-economy purchases and the total 

freight cost of these purchases in the 

margin calculation.9

• We revised the inland freight 

calculation to apply the surrogate value 

for export movement to the distances 

reported under foreign inland freight.10

• We deducted market-economy 

brokerage and handling expenses from 

the calculation of total international 

movement charges.11

• We revised the calculation of 

surrogate freight costs by applying the 

corrected distances capped at the 

distance to the closest port.12

• We amended the formula to 

calculate freight expenses.13

• We calculated international freight 

movement charges using route-specific 

freight quotes from MAERSK.14

• We added a VAT variable to the 

U.S. Sales dataset to allow the program 

to automatically calculate VAT tax 

deductions using the Department’s 

default methodology.15

Final Results of Review 

The Department determines that the 

following weighted-average dumping 

margin exists for the period June 1, 

2012, through May 31, 2013: 

Exporter 

Weightedaverage 

dumping 

margin 

(percent) 

Takayasu Industrial 

(Jiangyin) Co., Ltd ............. 42.36 

Assessment 

Pursuant to section 751(a)(2)(A) of the 

Act and 19 CFR 351.212(b), the 

Department will determine, and 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. 

Where the respondent reported 

reliable entered values, we calculated 

importer (or customer)-specific ad 

valorem rates by aggregating the 

dumping margins calculated for all U.S. 

sales to each importer (or customer) and 

dividing this amount by the total 

entered value of the sales to each 

importer (or customer).16 Where the 

Department calculated a weightedaverage dumping margin by dividing the 

total amount of dumping for reviewed 

sales to that party by the total sales 

quantity associated with those 

transactions, the Department will direct 

CBP to assess importer-specific 

assessment rates based on the resulting 

per-unit rates.17 Where an importer- (or 

customer-) specific ad valorem or perunit rate is greater than de minimis, the 

Department will instruct CBP to collect 

the appropriate duties at the time of 

liquidation.18 Where an importer- (or 

customer-) specific ad valorem or perunit rate is zero or de minimis, the 

Department will instruct CBP to 

liquidate appropriate entries without 

regard to antidumping duties.19

The Department announced a 

refinement to its assessment practice in 

non-market economy cases. Pursuant to 

this refinement in practice, for entries 

that were not reported in the U.S. sales 

databases submitted by the company 

individually examined during this 

review, the Department will instruct 

CBP to liquidate such entries at the 

PRC-Wide rate. Additionally, if the 

Department determines that an exporter 

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 PRC-Wide rate.20

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

administrative review 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 

exporter listed above, the cash deposit 

rate will be the rate established in the 

final results of review (except, if the rate 

is zero or de minimis, i.e., less than 0.5 

percent, a zero cash deposit rate will be 

required for that company); (2) for 

previously investigated or reviewed PRC 

and non-PRC 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 PRC-Wide rate of 44.30 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 nonPRC exporter. The deposit requirements 

shall remain in effect until further 

notice. 

Disclosure 

We will disclose the calculations 

performed within five days of the date 

of publication of this notice to parties in 

mstockstill on DSK4VPTVN1PROD with NOTICES

4544 Federal Register / Vol. 80, No. 18 / Wednesday, January 28, 2015 / Notices 

1See Certain Frozen Fish Fillets From the 

Socialist Republic of Vietnam: Initiation of 

Antidumping Duty New Shipper Reviews; 2013– 

2014, 79 FR 18666 (April 3, 2014). 

2See Memorandum to Gary Taverman, Senior 

Advisor for Antidumping and Countervailing Duty 

Operations, through James C. Doyle, Director, Office 

V, Antidumping and Countervailing Duty 

Operations, from Steven Hampton, International 

Trade Compliance Analyst, Office V, Antidumping 

and Countervailing Duty Operations, regarding 

Certain Frozen Fish Fillets from the Socialist 

Republic of Vietnam: Extension of Deadline for 

Preliminary Results of Antidumping Duty New 

Shipper Reviews of Nam Phuong Seafood Co., Ltd. 

and NTACO Corporation, dated August 20, 2014. 

3See Memorandum to Gary Taverman, Associate 

Deputy Assistant Secretary for Antidumping and 

Countervailing Duty Operations, through James C. 

Doyle, Director, Office V, Antidumping and 

Countervailing Duty Operations, from Steven 

Hampton, International Trade Compliance Analyst, 

Office V, Antidumping and Countervailing Duty 

Operations regarding Certain Frozen Fish Fillets 

from the Socialist Republic of Vietnam: Full 

Extension of Deadline for Preliminary Results of 

Antidumping Duty New Shipper Reviews of Nam 

Phuong Seafood Co., Ltd. and NTACO Corporation, 

dated October 29, 2014. 

4 Id. 

5Until 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. 

6See ‘‘Decision Memorandum for Preliminary 

Results of Antidumping Duty New Shipper 

Reviews: Certain Frozen Fish Fillets From the 

Socialist’s Republic of Vietnam’’ from Gary 

this proceeding in accordance with 19 

CFR 351.224(b). 

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 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/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 

administrative review and notice in 

accordance with sections 751(a)(1) and 

777(i) of the Act. 

Dated: January 21, 2015. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix I—Issues and Decision 

Memorandum 

List of Topics Discussed in the Final 

Decision Memorandum 

Summary 

Background 

Scope of the Order 

Discussion of the Issues 

Comment 1: Surrogate Financial Ratios 

Comment 2: Surrogate Value for PET Chips 

& PET Flakes 

Comment 3: Surrogate Value for Truck 

Freight 

Comment 4: Surrogate Value for Brokerage 

& Handling 

Comment 5: Surrogate Value for Labor 

Comment 6: Value Added Tax 

Comment 7: Appropriate Comparison 

Method 

Comment 8: Ministerial Errors 

A. Direct Materials 

B. Foreign Inland Freight 

C. U.S. Brokerage and Handling 

Comment 9: Programming Errors 

A. Freight Charges—Raw Materials 

B. Domestic Movement 

C. International Movement 

D. VAT Offset 

Recommendation 

[FR Doc. 2015–01601 Filed 1–27–15; 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 Intent to Rescind 

Antidumping Duty New Shipper 

Reviews; 2013–2014 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(‘‘the Department’’) is conducting new 

shipper reviews of the antidumping 

duty order on certain frozen fish fillets 

(‘‘fish fillets’’) from the Socialist 

Republic of Vietnam (‘‘Vietnam’’). The 

period of review is August 1, 2013, 

through January 31, 2014. The review 

covers two companies that are 

producers and exporters of subject 

merchandise, Nam Phuong Seafood Co., 

Ltd. (‘‘Nam Phuong’’) and NTACO 

Corporation (‘‘NTACO’’). The 

Department preliminarily determines 

that Nam Phuong’s and NTACO’s sales 

to the United States were not bona fide 

and is preliminarily rescinding these 

new shipper reviews. Interested parties 

are invited to comment on these 

preliminary results. 

DATES: Effective Date: January 28, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Renkey (Nam Phuong) or 

Steven Hampton (NTACO), 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) 482–2312 or (202) 482– 

0116, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 3, 2014, the Department 

published notice of initiation of new 

shipper reviews of fish fillets from 

Vietnam for the period August 1, 2013, 

through January 31, 2014.1 On August 

20, 2014, the Department partially 

extended the deadline for issuing the 

preliminary results by 60 days.2 On 

October 29, 2014, the Department fully 

extended the deadline for issuing the 

preliminary results by an additional 60 

days.3 The revised deadline for the 

preliminary results of these new shipper 

reviews is January 20, 2015.4

Scope of the Order 

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. 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’’).5

Although the HTSUS subheading is 

provided for convenience and customs 

purposes, our written description of the 

scope of the order is dispositive.6

mstockstill on DSK4VPTVN1PROD with NOTICES