Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Notices 29473 

1Until 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. 

biopsy sample up to 100 loggerhead, 

100 green, and 50 hawksbill sea turtles, 

and lavage up to 50 loggerhead, 50 

green, 50 hawksbill, 50 Kemp’s ridley, 

and 10 leatherback sea turtles. Imaging 

activities and attachment of sonic 

transmitters and data loggers are no 

longer authorized for any species. No 

increase in the total number of turtles 

taken is authorized. These additional 

activities will provide information on 

the genetic origin, diet, and movement 

of sea turtles in this area. The 

amendment is valid until the permit 

expires on March 31, 2010. 

Issuance of this modification, as 

required by the ESA was based on a 

finding that such permit (1) was applied 

for in good faith, (2) will not operate to 

the disadvantage of such endangered or 

threatened species, and (3) is consistent 

with the purposes and policies set forth 

in section 2 of the ESA. 

Dated: June 16, 2009. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–14608 Filed 6–19–09; 8:45 am] 

BILLING CODE 3510–22–S 

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, 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 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. 

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 


pwalker on PROD1PC71 with NOTICES
29474 Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Notices 

2Apex Foods Ltd. (‘‘Apex’’). 

3Bionic Sea Food (‘‘Bionic’’). 

4 Gemini Sea Food Ltd. (‘‘Gemini’’). 

(‘‘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

Manufacturer/Exporter Weighted-Average 

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. Apex2 and Bionic3

B. Gemini4

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 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Order No. 1625] 

Grant of Authority for Subzone Status, 

Thor Industries, Inc. (Recreational 

Vehicle Manufacturing), Jackson 

Center, Ohio 

Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as 

amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the 

following Order: 

Whereas, the Foreign-Trade Zones Act 

provides for ‘‘...the establishment... of 

foreign-trade zones in ports of entry of 

the United States, to expedite and 

encourage foreign commerce, and for 

other purposes,’’ and authorizes the 

Foreign-Trade Zones Board to grant 

qualified corporations the privilege of 

establishing foreign-trade zones in or 

adjacent to U.S. Customs and Border 

Protection ports of entry; 

Whereas, the Board’s regulations (15 

CFR Part 400) provide for the 

establishment of special-purpose 

subzones when existing zone facilities 

cannot serve the specific use involved, 

and when the activity results in a 

significant public benefit and is in the 

public interest; 

Whereas, the Greater Dayton ForeignTrade Zone Inc., grantee of ForeignTrade Zone 100, has made application 

to the Board for authority to establish a 


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