[Federal Register Volume 74, Number 50 (Tuesday, March 17, 2009)]
[Notices]
[Pages 11349-11351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5744]


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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 the Antidumping Duty Administrative Review 
and New Shipper Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``Department'') is conducting an 
administrative review and two new shipper reviews of 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 administrative review and new 
shipper reviews includes three companies, including QVD Food Company 
Ltd. (``QVD''), the mandatory respondent, and the two new shipper 
review companies are Binh An Seafood Joint Stock Co. (``Binh An'') and 
Southern Fishery Industries Company, Ltd. (``South Vina''). We 
preliminarily found that Binh An and QVD did not sell subject 
merchandise at less than normal value (``NV'') and thus received zero 
margins during the period of review (``POR''), August 1, 2006, through 
July 31, 2007. We also preliminarily rescinded South Vina. See Certain 
Frozen Fish Fillets From the Socialist Republic of Vietnam: Notice of 
Preliminary Results of the New Shipper Review and Fourth Antidumping 
Duty Administrative Review and Partial Rescission of the Fourth 
Administrative Review, 73 FR 52015 (September 8, 2008) (``Preliminary 
Results''). We conducted verifications of Binh An and South Vina and 
subsequently issued a post-preliminary calculation for South Vina. See 
New Shipper Review of Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam: Post-Preliminary Results Analysis for Southern 
Fishery Industries Co., Ltd. dated January 13, 2009. We gave interested 
parties an opportunity to comment on the Preliminary Results and the 
Post-preliminary results for South Vina. Based upon our analysis of the 
comments and information received, we made changes to the dumping 
margin calculations for the final results. See Memorandum to the File 
from Alan Ray, Case Analyst, through Alex Villanueva, Program Manager, 
Final Results Analysis for QVD and its Affiliates (March 9, 2009); 
Memorandum to the File from Matthew Renkey, Senior Case Analyst, 
through Alex Villanueva, Program Manager, Final Results Analysis for 
Binh An Seafood Joint Stock Company (``Binh An'') (March 9, 2009); and 
Memorandum to the File from Javier Barrientos, Senior Case Analyst, 
through Alex Villanueva, Program Manager, Final Results Analysis for 
Southern Fishery Industries Co., Ltd. (``South Vina'') (March 9, 2009). 
The final dumping margins are listed below in the section entitled 
``Final Results of the Reviews.''

DATES: Effective Date: March 17, 2009.

FOR FURTHER INFORMATION CONTACT: Alan Ray or Javier Barrientos, 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 and (202) 482-2243, respectively.

SUPPLEMENTARY INFORMATION: 

Case History

    On September 8, 2008, the Department published in the Federal 
Register the preliminary results of this new shipper and administrative 
review of the antidumping duty order on certain frozen fish fillets 
from Vietnam. Since the Preliminary Results, the following events have 
occurred.
    From September 17-19, 2008, the Department conducted the 
verification of Binh An Binh An in Can Tho City, Vietnam. From 
September 22-24, 2008, the Department verified South Vina in Can Tho 
City, Vietnam.
    South Vina and An Xuyen Company Ltd. (``An Xuyen'') submitted case 
briefs on January 5 and 23, 2009, respectively. On February 3, 2009, 
Petitioners, Catfish Farmers of America and individual U.S. catfish 
processors, and QVD Food Company (``QVD'') submitted case briefs. On 
February 10, 2009, Petitioners, South Vina, Binh An, and QVD submitted 
rebuttal briefs.
    On October 20, 2008, the Department extended the time limit for 
completion of the final results of this administrative review by 60 
days. See Certain Frozen Fish Fillets from the Socialist Republic of 
Vietnam: Extension of Time Limit for

[[Page 11350]]

Final Results of the New Shipper and Fourth Antidumping Duty 
Administrative Review, 73 FR 63435 (October 24, 2008).
    On February 25, 2009, the Department conducted a public and a 
closed hearing. On March 3, 2009, the Department placed additional 
information on the record. Petitioners and QVD submitted comments 
regarding this additional information on March 5, 2009.

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. 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'').\1\ The 
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.
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    \1\ Until July, 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.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this proceeding and to which we have responded are listed in the 
Appendix to this notice and addressed in the Issues and Decision 
Memorandum (``Final Decision Memo''), which is hereby adopted by this 
notice. Parties can find a complete discussion of the issues raised in 
this administrative review and the corresponding recommendations in 
this public memorandum which is on file in the Central Records Unit 
(``CRU''), room 1117 of the main Department building. In addition, a 
copy of the Final Decision Memo can be accessed directly on our Web 
site at http://ia.ita.doc.gov/. The paper copy and electronic version 
of the Final Decision Memo are identical in content.

Verification

    As provided in section 782(i) of the Tariff Act, as amended 
(``Act''), we conducted verification of the information submitted by 
Binh An and South Vina for use in our final results. See Memorandum to 
the File, through Alex Villanueva, Program Manager, AD/CVD Operations, 
Office 9, from Matthew Renkey, Senior Case Analyst, AD/CVD Operations, 
Office 9, Certain Frozen Fish Fillets from the Socialist Republic of 
Vietnam: Verification of Binh An Seafood Joint Stock Company, dated 
December 9, 2008 and Memorandum to the File, through Alex Villanueva, 
Program Manager, AD/CVD Operations, Office 9, from Javier Barrientos, 
Senior Case Analyst, AD/CVD Operations, Office 9, Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Verification of 
Southern Fishery Industries Co., Ltd., dated December 10, 2008. For all 
companies, we used standard verification procedures, including 
examination of relevant accounting and production records, as well as 
original source documents provided by the respondents.

Changes Since the Preliminary Results

    Based on a review of the record as well as comments received from 
parties regarding our Preliminary Results, we have made revisions to 
the margin calculation for QVD, South Vina, and Binh An for the final 
results. For all changes to the calculations of QVD, Binh An and South 
Vina, see the Final Decision Memo and company specific analysis 
memoranda. For changes to the surrogate values see Memorandum to the 
File, through Alex Villanueva, Program Manager, AC/CVD Operations, 
Office 9, from Alan Ray, case analyst, AD/CVD Operations, Office 9, New 
Shipper Review and Fourth Antidumping Duty Administrative Review of 
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: 
Surrogate Values for the Final Results.

Final Results of the Reviews

    The weighted-average dumping margins for the POR are as follows:

                Certain Frozen Fish Fillets From Vietnam
------------------------------------------------------------------------
                                                              Weighted-
                   Manufacturer/exporter                       average
                                                                margin
------------------------------------------------------------------------
QVD \2\....................................................         0.52
South Vina.................................................         0.00
Binh An....................................................         0.00
Agifish \3\................................................         0.52
Anvifish \3\...............................................         0.52
Vietnam-Wide Entity \4\....................................        63.88
------------------------------------------------------------------------

Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries, pursuant to 19 CFR 351.212(b). We have calculated 
importer-specific duty assessment rates on a per-unit basis. 
Specifically, we divided the total dumping margins (calculated as the 
difference between normal value and export price or constructed export 
price) for each importer by the total quantity of subject merchandise 
sold to that importer during the POR to calculate a per-unit assessment 
amount. In this and future reviews, we will 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. The Department intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of the final results of these administrative and new 
shipper reviews.
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    \2\ This rate is applicable to the QVD Single Entity which 
includes QVD, QVD Dong Thap, and Thuan Hung Co. Ltd.
    \3\ For the exporters subject to review that are determined to 
be eligible for separate-rate status, but were not selected as 
mandatory respondents, the Department normally establishes a 
weighted-average margin based on an average of the rates it 
calculated for the mandatory respondents, excluding any rates that 
are zero, de minimis, or based entirely on facts available. In this 
proceeding, there is only one such mandatory respondent, QVD. 
Accordingly, the rate calculated for QVD is applied as the rate for 
Agifish and Anvifish.
    \4\ This includes An Xuyen.
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Cash Deposit Requirements

    The following cash-deposit requirements will be effective upon 
publication of the final results of these administrative and new 
shipper reviews for all shipments of the subject merchandise entered, 
or withdrawn

[[Page 11351]]

from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit 
rate for each of the reviewed companies that received a separate rate 
in this review will be the rate listed in the final results of review 
(except that if the rate for a particular company is de minimis, i.e., 
less than 0.5 percent, no cash deposit will be required for that 
company); (2) for previously investigated companies not listed above, 
the cash deposit rate will continue to be the company-specific rate 
published for the most recent period of review; (3) if the exporter is 
not a firm covered in this review, a prior review, or the original less 
than fair value investigation, but the manufacturer is, the cash 
deposit rate will be the rate established for the most recent period 
for the manufacturer of the merchandise; and (4) the cash deposit rate 
for all other manufacturers or exporters will be the Vietnam-wide rate 
of 63.88 percent. These deposit requirements, 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) 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 orders (``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 the final results of these 
administrative and new shipper reviews and notice in accordance with 
sections 751(a)(1) and (2) and 777(i) of the Act.

    Dated: March 9, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I--Decision Memorandum

COMMENT 1: SURROGATE FINANCIAL RATIOS
    A. Bionic \5\
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    \5\ Bionic Sea Food (``Bionic'').
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    B. Gemini \6\
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    \6\ Gemini Sea Food Ltd. (``Gemini'').
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COMMENT 2: SURROGATE VALUE FOR WHOLE LIVE FISH
COMMENT 3: SURROGATE VALUE FOR BROKEN FILLETS
COMMENT 4: INFLATORS FOR CERTAIN FACTORS OF PRODUCTION
COMMENT 5: QVD
    A. QVD'S U.S. SALES DATA
    B. INTERNATIONAL FREIGHT CALCULATION
    C. DUTY ABSORPTION
    D. COLLAPSING QVD/DONG THAP AND THUAN HUNG
    E. LABELS SURROGATE VALUE
    F. DIESEL FUEL SURROGATE VALUE
COMMENT 6: AGIFISH SEPARATE RATE MARGIN
COMMENT 7: AN XUYEN SEPARATE RATE MARGIN
COMMENT 8: SOUTH VINA
    A. BONA FIDE SALES
    B. SURROGATE VALUE FOR HYDRATECH
    C. SURROGATE VALUE FOR WHITECH
COMMENT 9: BINH AN
    A. BONA FIDE SALES
    B. INTERNATIONAL FREIGHT
    C. DIESEL
    D. ELECTRICITY

[FR Doc. E9-5744 Filed 3-16-09; 8:45 am]
BILLING CODE 3510-DS-P