[Federal Register Volume 74, Number 73 (Friday, April 17, 2009)]
[Notices]
[Pages 17816-17817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8871]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-552-801


Certain Frozen Fish Fillets from the Socialist Republic of 
Vietnam: Amended Final Results of the Fourth Antidumping Duty 
Administrative Review

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

EFFECTIVE DATE: April 17, 2009.

FOR FURTHER INFORMATION CONTACT: Alan Ray, AD/CVD Operations, Office 9, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, DC, 20230; telephone: (202) 482-5403.

[[Page 17817]]


SUPPLEMENTARY INFORMATION:

Amendment to the Final Results:

    In accordance with sections 751(h) and 777(i)(1) of the Tariff Act 
of 1930, as amended, (``Act''), on March 9, 2009, the Department of 
Commerce (``Department'') issued\1\ the final results in the 
antidumping administrative review of certain frozen fish fillets from 
the Socialist Republic of Vietnam (``Vietnam''). See Certain Frozen 
Fish Fillets From the Socialist Republic of Vietnam: Final Results of 
the Antidumping Duty Administrative Review and New Shipper Reviews, 74 
FR 11349 (March 17, 2009) (``Final Results'').
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    \1\ The Department publically announced the final results on 
March 10, 2009.
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    On March 17, 2009, Petitioners\2\ and QVD Food Company Ltd. 
(``QVD'') filed timely allegations that the Department made various 
ministerial errors in the Final Results and requested, pursuant to 19 
CFR 351.224, that the Department correct the alleged ministerial errors 
in the calculation of the margins for QVD. On March 23, 2009, 
Petitioners and QVD filed rebuttal comments with respect to these 
ministerial error allegations. No other party in this proceeding 
submitted comments on the Department's final margin calculations.
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    \2\ Catfish Farmers of America and individual U.S. catfish 
processors.
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    A ministerial error is defined as ``an error in addition, 
subtraction, or other arithmetic function, clerical error resulting 
from inaccurate copying, duplication, or the like, and any other type 
of unintentional error which the Sec. DepartmentSec.  considers 
ministerial.'' See section 751(h) of the Act; see also 19 CFR 
351.224(f).
    After analyzing all interested party comments and rebuttals, we 
have determined, in accordance with section 751(h) of the Act and 19 
CFR 351.224(e), that we made ministerial errors in our calculations for 
the final results with respect to QVD. For a detailed discussion of 
these ministerial errors, as well as the Department's analysis of these 
errors and other allegations raised, see Memorandum to James C. Doyle, 
Director, Office 9, through Alex Villanueva, Program Manager, from Alan 
Ray, Case Analyst: Antidumping Duty Administrative Review of Certain 
Frozen Fish Fillets from the Socialist Republic of Vietnam: Analysis of 
Ministerial Error Allegations, (April 8, 2009) (``Ministerial Error 
Memo'').
    Additionally, in the Final Results, we determined that several 
companies qualified for a separate rate. See Final Results at 11350. 
The separate rate was based on the margin for QVD, the only mandatory 
respondent that received a calculated margin. The margin for QVD did 
not change following revisions made to the Final Results. Accordingly 
the margin for QVD and for the separate companies remains at 0.52 
percent. Moreover, we note that the errors did not affect the Vietnam-
Wide entity rate, and thus it will not be revised.
    Therefore, in accordance with section 751(h) of the Act, we are 
amending the final results in the antidumping duty administrative 
review of certain frozen fish fillets from the Vietnam. After 
correcting these ministerial errors, the final weighted-average dumping 
margins remain as follows:

                Certain Frozen Fish Fillets from Vietnam
------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                       Margin
------------------------------------------------------------------------
QVD\3\..............................................              0.52 %
Agifish\4\..........................................              0.52 %
Anvifish\4\.........................................              0.52 %
Vietnam-Wide Entity\5\..............................             63.88 %
------------------------------------------------------------------------
\3\ This rate is applicable to the QVD Single Entity which includes QVD,
  QVD Dong Thap, and Thuan Hung Co. Ltd.
\4\ 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.
\5\ This includes An Xuyen.

Assessment Rates

    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection (``CBP'') 15 days after the date of 
publication of these amended final results of review. In accordance 
with 19 CFR 351.212(b)(1), we have calculated importer-specific 
assessment rates for merchandise subject to this review.

Cash Deposit Requirements

    The following deposit requirements will be effective retroactively 
on any entries made on or after March 17, 2009, the date of publication 
of the Final Results, for all shipments of subject merchandise entered, 
or withdrawn from warehouse, for consumption as provided by section 
751(a)(2)(C) of the Act: (1) for subject merchandise exported by QVD, 
Agifish, or Anvifish the cash deposit rate will be 0.53% ad-valorem; 
(2) for previously reviewed or investigated 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 Vietnamese exporters of subject merchandise, which have not been 
found to be entitled to a separate rate, the cash deposit rate will be 
the Vietnam-wide rate of 63.88 percent; and (4) for all non-Vietnamese 
exporters of subject merchandise that have not received their own rate, 
the cash deposit rate will be the rate applicable to the Vietnamese 
exporter that supplied that non-Vietnamese exporter. These deposit 
requirements shall remain in effect until further notice. In the 2nd 
administrative review, the Department stated that we would collect cash 
deposits and issue assessment instructions on a per-unit basis. See 
Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: 
Final Results of the Second Administrative Review, 72 FR 13242, 13244 
(March 21, 2007). Therefore, we intend to issue CBP instructions on 
that basis.

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 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 that is subject to 
sanction.
    We are issuing and publishing these amended final results of review 
and notice in accordance with sections 751(a) and 777(i) of the Act.

    Dated: April 9, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-8871 Filed 4-16-09; 8:45 am]
BILLING CODE 3510-DS-S