[Federal Register Volume 74, Number 118 (Monday, June 22, 2009)]
[Notices]
[Pages 29473-29474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14607]


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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 Third New Shipper Reviews

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

SUMMARY: The Department of Commerce (``Department'') is conducting 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''). These new shipper reviews include Hiep Thanh Seafood Joint 
Stock Company (``Hiep Thanh'') and Asia Commerce Fisheries Joint Stock 
Company (``Acomfish'') (collectively, ``Respondents''). 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 Hiep Thanh Seafood Joint 
Stock Company (``Hiep Thanh'') (June 15, 2009); and Memorandum to the 
File from Emeka Chukwudebe, Case Analyst, through Alex Villanueva, 
Program Manager, Final Results Analysis for Asia Commerce Fisheries 
Joint Stock Company (``Acomfish'') (June 15, 2009). The final dumping 
margins are listed below in the section entitled ``Final Results of the 
Reviews.''

EFFECTIVE DATE: June 22, 2009.

FOR FURTHER INFORMATION CONTACT: Alan Ray or Emeka Chukwudebe, 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) 482-0219, respectively.

SUPPLEMENTARY INFORMATION:

Case History

    On January 28, 2009, the Department published in the Federal 
Register the preliminary results of these new shipper reviews 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 of the Third New Shipper Reviews 74 FR 
4920 (January 28, 2009) (``Preliminary Results''). Since the 
Preliminary Results, the following events have occurred.
    On April 21, 2009, the Department published the extension of the 
time limit for completion of the final results of these new shipper 
reviews by 60 days. See Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam: Extension of Time Limit for Final Results of the 
Third New Shipper Reviews, 74 FR 18199, (April 21, 2009).
    On March 11, 2009, the Department placed additional information on 
the record. Catfish Farmers of America and individual U.S. catfish 
processors (``Petitioners'') and Respondents submitted comments and 
rebuttal comments regarding this additional information on March 25, 
2009 and April 6, 2009, respectively. On April 20, 2009, Petitioners 
and Respondents submitted case briefs, and on April 27, 2009, 
Petitioners and Respondents submitted rebuttal briefs. On June 2, 2009, 
the Department allowed Respondents to comment on a revised fish size 
calculation placed on the record by Petitioners. On June 4, 2009, 
Respondents submitted comments. On June 10, 2009, Petitioners requested 
that the Respondents' June 4, 2009, comments be removed from the 
record.

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 
these new shipper reviews and the corresponding recommendations in this 
public memorandum which is on file in the Central Records Unit

[[Page 29474]]

(``CRU''), room 1117 of the main Department of Commerce building. In 
addition, a copy of the Final Decision Memo can be accessed directly on 
our website at http://ia.ita.doc.gov/. The paper copy and electronic 
version of the Final Decision Memo are identical in content.

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 Hiep Thanh and Acomfish in the final 
results. For all changes to the calculations of Hiep Thanh and 
Acomfish, 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, and 
Fourth Antidumping Duty Third New Shipper 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-Average
                Manufacturer/Exporter                       Margin
------------------------------------------------------------------------
Hiep Thanh..........................................                6.68
  Acomfish..........................................                0.00
------------------------------------------------------------------------

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 new shipper reviews.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of these new shipper reviews for all 
shipments of subject merchandise by Hiep Thanh and Acomfish, entered, 
or withdrawn from warehouse, for consumption on or after the 
publication date, as provided by section 751(a)(2)(C) of the Tariff Act 
of 1930, as amended (``Act''): (1) for subject merchandise produced and 
exported by Hiep Thanh, the cash deposit rate will be the percent 
listed above, or the equivalent per-unit rate, for subject merchandise 
produced and exported by Acomfish, the cash deposit rate will be zero; 
(2) for subject merchandise exported by Hiep Thanh or Acomfish, but not 
manufactured by Hiep Thanh or Acomfish, the cash deposit rate will 
continue to be the Vietnam-wide rate of 63.88 percent; and (3) for 
subject merchandise manufactured by Hiep Thanh or Acomfish, but 
exported by any party other than Hiep Thanh or Acomfish, the cash 
deposit rate will be the rate applicable to the exporter. These cash 
deposit requirements will 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 this determination in accordance with 
sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR 351.214(h) and 
351.221(b)(5).

    Dated: June 15, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I Decision Memorandum

COMMENT 1: SURROGATE FINANCIAL RATIOS
    A. Apex\2\ and Bionic\3\
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    \2\ Apex Foods Ltd. (``Apex'').
    \3\ Bionic Sea Food (``Bionic'').
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    B. Gemini\4\
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    \4\ Gemini Sea Food Ltd. (``Gemini'').
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COMMENT 2: SURROGATE VALUE FOR WHOLE LIVE FISH
COMMENT 3: RESCISSION OF ACOMFISH
COMMENT 4: HIEP THANH'S SALES TO COMPANY 1
COMMENT 5: HIEP THAN'S SALES TO COMPANY 2
COMMENT 6: ASSESSMENT OF DUTIES FOR HIEP THANH
[FR Doc. E9-14607 Filed 6-19-09; 8:45 am]
BILLING CODE 3510-DS-S