17816 Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Notices 

Department returned the letter 

requesting an administrative review to 

Patagonik, stating that the request was 

untimely and that the Department 

would not initiate a review based on 

this request. See Letter from the 

Department of Commerce to Patagonik 

S.A., dated January 23, 2009. On 

February 23, 2009, Patagonik submitted 

a letter requesting that the Department 

reconsider its decision not to initiate a 

review based on Patagonik’s request. 

Patagonik provided information to the 

Department indicating the reasons for 

the untimely filing of the request. After 

examining the information, the 

Department again declined to initiate an 

administrative review based on 

Patagonik’s request. See Letter from the 

Department of Commerce to Patagonik 

S.A., dated March 17, 2009. 

On March 6, 2009, petitioners timely 

withdrew their requests for review of 

the following companies: AGLH S.A., 

Algodonera Avellaneda S.A., Alimentos 

Naturales–Natural Foods, Alma Pura, 

Bomare S.A. (Bodegas Miguel 

Armengol), Compania Apicola 

Argentina S.A. and Mielar S.A., 

Compania Inversora Platense S.A., EL 

Mana S.A., HoneyMax S.A., 

Interrupcion S.A., Miel Ceta SRL, 

Patagonik S.A., Productos Afer S.A., 

Seabird Argentina S.A., and Seylinco 

S.A. 

Scope of the Order 

The merchandise covered by the order 

is honey from Argentina. The products 

covered are natural honey, artificial 

honey containing more than 50 percent 

natural honey by weight, preparations of 

natural honey containing more than 50 

percent natural honey by weight, and 

flavored honey. The subject 

merchandise includes all grades and 

colors of honey whether in liquid, 

creamed, comb, cut comb, or chunk 

form, and whether packaged for retail or 

in bulk form. 

The merchandise under the scope of 

the order is currently classifiable under 

subheadings 0409.00.00, 1702.90.90, 

and 2106.90.99 of the Harmonized 

Tariff Schedule of the United States 

(HTSUS). Although the HTSUS 

subheadings are provided for 

convenience and U.S. Customs and 

Border Protection (CBP) purposes, the 

Department’s written description of the 

merchandise under this order is 

dispositive. 

Rescission, in Part, of Administrative 

Review 

Section 351.213(d)(1) of the 

Department’s regulations provides that 

the Department will rescind an 

administrative review if the party that 

requested the review withdraws its 

request for review within 90 days of the 

date of publication of the notice of 

initiation of the requested review, or 

withdraws at a later date if the 

Department determines it is reasonable 

to extend the time limit for withdrawing 

the request. 

The petitioners timely withdrew their 

requests for an administrative review 

within the 90–day deadline for the 

following companies: AGLH S.A., 

Algodonera Avellaneda S.A., Alimentos 

Naturales–Natural Foods, Alma Pura, 

Bomare S.A. (Bodegas Miguel 

Armengol), Compania Apicola 

Argentina S.A. and Mielar S.A., 

Compania Inversora Platense S.A., EL 

Mana S.A., HoneyMax S.A., 

Interrupcion S.A., Miel Ceta SRL, 

Patagonik S.A., Productos Afer S.A., 

Seabird Argentina S.A., and Seylinco 

S.A. Because the petitioners were the 

only party to request administrative 

reviews of each of these companies, we 

are rescinding the review with regard to 

AGLH S.A., Algodonera Avellaneda 

S.A., Alimentos Naturales–Natural 

Foods, Alma Pura, Bomare S.A. 

(Bodegas Miguel Armengol), Compania 

Apicola Argentina S.A. and Mielar S.A., 

Compania Inversora Platense S.A., EL 

Mana S.A., HoneyMax S.A., 

Interrupcion S.A., Miel Ceta SRL, 

Patagonik S.A., Productos Afer S.A., 

Seabird Argentina S.A., and Seylinco 

S.A. 

The Department intends to issue 

appropriate assessment instructions 

directly to U.S. Customs and Border 

Protection (CBP) 15 days after the 

publication of this notice. The 

Department will direct CBP to assess 

antidumping duties for these companies 

at the cash deposit rate in effect on the 

date of entry for entries during the 

period December 1, 2007, to November 

30, 2008. 

Respondent Selection 

On February 10, 2009, the Department 

issued a respondent selection 

memorandum containing import data 

from proprietary CBP records for the 

period December 1, 2007, to November 

30, 2008. In the memorandum, the 

Department stated that it intended to 

limit the number of companies 

examined in this period of review. As 

petitioners have withdrawn their 

request for 15 of the 17 companies listed 

in the Initiation Notice, it is no longer 

necessary to limit the number of 

companies examined in this period of 

review. Consequently, we will 

individually examine the two remaining 

companies for which an administrative 

review has been requested: Asociacion 

de Cooperativas Argentinas and Nexco 

S.A. 

Notification to Parties 

This notice serves as a reminder to 

importers of their responsibility under 

section 351.402(f) of the Department’s 

regulations to file a certificate regarding 

the reimbursement of antidumping 

duties prior to liquidation of the 

relevant entries during this period of 

time. Failure to comply with this 

requirement could result in the 

Secretary’s presumption that 

reimbursement of antidumping duties 

occurred and subsequent assessment of 

double antidumping duties. 

This notice also serves as a reminder 

to parties subject to administrative 

protective order (APO) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with section 351.305(a)(3) of the 

Department’s regulations. Timely 

written 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 sanctionable violation. 

This notice is issued and published in 

accordance with section 351.213(d)(4) of 

the Department’s regulations and 

sections 751(a)(1) and 777(i)(1) of the 

Tariff Act of 1930, as amended. 

Dated: April 9, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–8864 Filed 4–16–09; 8:45 am] 

BILLING CODE 3510–DS–S 

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. 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Notices 17817 

1The Department publically announced the final 

results on March 10, 2009. 

2Catfish Farmers of America and individual U.S. 

catfish processors. 

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’’) issued1 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’’). 

On March 17, 2009, Petitioners2 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. 

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 

§Department§ 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

Manufacturer/Exporter Weighted-Average 

Margin 

QVD3 ............................ 0.52 % 

Agifish4 ......................... 0.52 % 

Anvifish4 ........................ 0.52 % 

Vietnam–Wide Entity5 ... 63.88 % 

3This rate is applicable to the QVD Single 

Entity which includes QVD, QVD Dong Thap, 

and Thuan Hung Co. Ltd. 4For 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. 5This 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 

mstockstill on PROD1PC66 with NOTICES