47884 Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / 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. 

at http://ia.ita.doc.gov/remands/06–

19.pdf. The results of redetermination 

affected only the calculation of the 

antidumping margin for Koyo Seiko. 

On October 23, 2006, the CIT affirmed 

the Department’s final results of remand 

redetermination. See NSK Ltd. v. United 

States, 462 F. Supp. 2d 1254 (CIT 2006). 

Koyo Seiko, NSK, and NTN appealed 

the portion of the CIT’s decision in 

which it sustained the Department’s 

treatment of non–dumped sales. Also, 

Koyo Seiko appealed the Department’s 

treatment of Koyo Seiko’s lump–sum 

billing adjustments, NSK appealed the 

Department’s decision to consider 

changing its model–match methodology 

for future reviews, and NTN appealed 

the Department’s inclusion of high–

profit sales in its calculation of normal 

value. 

On December 14, 2007, the CAFC 

affirmed the CIT’s decision. See NSK 

Ltd. v. United States, 510 F.3d 1375 

(CAFC 2007). Koyo Seiko filed a 

petition for panel rehearing and for 

rehearing en banc with the CAFC, 

which was denied on March 12, 2008. 

Because the period in which to file a 

petition for writ of certiorari with the 

United States Supreme Court has ended 

and no party filed the same, there is 

now a final and conclusive court 

decision in this case. 

Amendment to Final Results 

We are now amending the final 

results of this review to reflect the final 

and conclusive decision in this case. 

Our revised calculations for Koyo Seiko 

changed the weighted–average margin 

for ball bearings and parts thereof from 

Japan from 5.56 percent to 5.55 percent 

for the period May 1, 2002, through 

April 30, 2003. The Department will 

instruct CBP to liquidate entries of ball 

bearings and parts thereof from Japan 

exported by Koyo Seiko during the 

review period in accordance with these 

amended final results of review. We 

intend to issue the assessment 

instructions to CBP 15 days after the 

date of publication of these amended 

final results of review. 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(1) and 777(i)(1) of the Tariff Act 

of 1930, as amended. 

Dated: August 8, 2008. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. E8–18942 Filed 8–14–08; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–801] 

Amended Final Results of 

Antidumping Duty New Shipper 

Review: Certain Frozen Fish Fillets 

from the Socialist Republic of Vietnam 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: August 15, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Renkey, 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) 

482–2312. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 30, 2008, the Department of 

Commerce (‘‘Department’’) published in 

the Federal Register the final results of 

the new shipper reviews of the 

antidumping duty order on certain 

frozen fish fillets from the Socialist 

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

Certain Frozen Fish Fillets from the 

Socialist Republic of Vietnam: Final 

Results and Partial Rescission of New 

Shipper Reviews, 73 FR 36840 (June 30, 

2008) (‘‘Final Results’’) and 

accompanying Issues and Decision 

Memorandum. The period of review 

(‘‘POR’’) covered August 1, 2006, 

through January 1, 2007. On July 3, 

2008, Anvifish filed a timely ministerial 

error allegation with respect to the 

Department’s antidumping duty margin 

calculation in the Final Results. No 

other party filed ministerial error 

comments or rebuttal comments. 

Scope of the Order 

The product covered by this 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, 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. 

Ministerial Errors 

A ministerial error is defined in 

section 751(h) of the Act and further 

clarified in 19 CFR 351.224(f) as ‘‘an 

error in addition, subtraction, or other 

arithmetic function, clerical error 

resulting from inaccurate copying, 

duplication, or the like, and any other 

similar type of unintentional error 

which the Secretary considers 

ministerial.’’ Anvifish contends that the 

Department’s margin calculation 

program contains a ministerial error in 

the deduction for port electricity 

charges. Based on verification, we noted 

that for one of the shipments to its 

affiliated U.S. customer, Anvifish 

incurred additional electricity charges at 

the port. Anvifish states that in the Final 

Results, the deduction for port 

electricity charges was calculated 

incorrectly using the individual 

quantities of the CEP sales observations 

as the denominator, whereas the 

denominator should actually be the total 

quantity of all CEP sales made from that 

shipment. 

After analyzing Anvifish’s comments, 

we have determined, in accordance with 

19 CFR 351.224(e), that a ministerial 

error was made. Specifically, we agree 

with Anvifish that we used the incorrect 

denominator for the port electricity 

deduction. The language in the margin 

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Federal Register / Vol. 73, No. 159 / Friday, August 15, 2008 / Notices 47885 

calculation program for the Final 

Results inadvertently used the 

quantities of the individual CEP sales, 

rather than the total quantity of all CEP 

sales that Anvifish’s affiliated U.S. 

customer made from the affected 

shipment. The specific calculation 

change to correct this ministerial error 

can be found in the ‘‘Memorandum to 

the File, through Alex Villanueva, 

Program Manager, Office 9, Import 

Administration, from Matthew Renkey, 

Senior Analyst, Office 9, Subject: 

Amended Final Results Analysis for 

Anvifish Co., Ltd.,’’ (August 6, 2008) 

(‘‘Amended Final Results Analysis 

Memo’’). The Amended Final Results 

Analysis Memo is on file in the Central 

Records Unit, room 1117 at the 

Department’s headquarters. 

Therefore, in accordance with section 

751(h) of the Act and 19 CFR 351.224(e), 

we are amending the Final Results of 

Anvifish’s new shipper review of 

certain frozen fish fillets from Vietnam. 

The revised final weighted–average 

dumping margin for Anvifish is as 

follows: 

CERTAIN FROZEN FISH FILLETS FROM

VIETNAM - WEIGHTED–AVERAGE

DUMPING MARGINS

Manufacturer/Exporter Weighted–Average 

Deposit Rate 

Anvifish Co., Ltd. .......... 0.00 % 

Cash Deposit Requirements 

This cash deposit rate will be effective 

retroactively on any entries made on or 

after June 30, 2008, for all shipments of 

the subject merchandise entered, or 

withdrawn from warehouse, for 

consumption as provided for by section 

751(a)(2)(C) of the Act: (1) for subject 

merchandise produced and exported by 

Anvifish, no cash deposit will be 

required; (2) for subject merchandise 

exported by Anvifish, but not 

manufactured by Anvifish, the cash 

deposit rate will continue to be the 

Vietnam–wide rate (i.e., 63.88 percent); 

and (3) for subject merchandise 

manufactured by Anvifish, but exported 

by any other party, the cash deposit rate 

will be the rate applicable to the 

exporter. These cash deposit 

requirement will remain in effect until 

further notice. 

Assessment 

The Department intends to issue 

assessment instructions to CBP 15 days 

after the publication date of these 

amended final results of review. Where 

an importer (or customer)-specific per–

unit rate is zero or de minimis, we will 

instruct CBP to liquidate appropriate 

entries of subject merchandise without 

regard to antidumping duties that are 

entered, or withdrawn from warehouse, 

for consumption on or after June 30, 

2008, and to grant a refund for any 

overcollection on such entries if the 

importer makes such a request pursuant 

to 19 USC 1520(a)(4). See 19 CFR 

351.106(c)(2). 

These amended final results are 

published in accordance with sections 

751(h) and 777(i)(1) of the Act. 

Dated: August 6, 2008. 

David A. Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. E8–18948 Filed 8–14–08; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–801] 

Notice of Amended Final Results of 

Third Antidumping Duty Administrative 

Review: Certain Frozen Fish Fillets 

from the Socialist Republic of Vietnam 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On March 24, 2008, the 

Department of Commerce (the 

‘‘Department’’) published in the Federal 

Register the final results of the third 

administrative review of the 

antidumping duty order on 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 Antidumping Duty 

Administrative Review and Partial 

Rescission, 73 FR 15479 (March 24, 

2008) (‘‘Final Results’’). The period of 

review (‘‘POR’’) covered August 1, 2005, 

through July 31, 2006. We are amending 

our Final Results to correct ministerial 

errors made in the calculation of the 

antidumping duty margins for of East 

Sea Seafoods Joint Venture Co., Ltd. 

(‘‘ESS’’), Can Tho Agricultural and 

Animal Products Import Export 

Company (‘‘CATACO’’), and QVD Food 

Company (‘‘QVD’’) pursuant to section 

751(h) of the Tariff Act of 1930, as 

amended (the ‘‘Act’’) and an order from 

the Court of International Trade (‘‘CIT’’). 

See Catfish Farmers of America v. 

United States, Consol Court No. 08–

00111, (CIT July 22, 2008) (‘‘CIT 

Order’’). 

EFFECTIVE DATE: August 15, 2008. 

FOR FURTHER INFORMATION CONTACT: Alex 

Villanueva, 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) 482–3208. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 19, 2007, the 

Department of Commerce (the 

‘‘Department’’) published in the Federal 

Register the preliminary results of this 

administrative review of the 

antidumping duty order on certain 

frozen fish fillets from Vietnam. See 

Certain Frozen Fish Fillets From the 

Socialist Republic of Vietnam: Notice of 

Preliminary Results and Partial 

Rescission of the Third Antidumping 

Duty Administrative Review, 72 FR 

53527 (September 19, 2007) 

(‘‘Preliminary Results’’). On March 24, 

2008, the Department published the 

Final Results in this administrative 

review. On March 24, 2008, ESS and the 

Catfish Farmers of America and 

individual U.S. catfish processors 

(‘‘Petitioners’’) filed timely allegations 

that the Department made ministerial 

errors in the Final Results. On March 25, 

2008, QVD filed timely allegations that 

the Department made ministerial errors 

in the Final Results. On March 31, 2008, 

the Petitioners submitted rebuttal 

comments to QVD’s March 25, 2008, 

ministerial error allegations. 

Following the publication of the Final 

Results, parties appealed certain aspects 

of the Department’s Final Results with 

the CIT. Upon request by the 

Department, the CIT granted a consent 

motion for leave to (i) correct certain 

ministerial errors in calculation of the 

final antidumping duty margin in the 

Final Results, (ii) recalculate the 

antidumping margins accordingly, and 

(iii) issue and publish the amended final 

results on or before August 15, 2008. 

See CIT Order. 

Scope of Order 

The product covered by this 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 

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