[Federal Register Volume 72, Number 83 (Tuesday, May 1, 2007)]
[Notices]
[Pages 23800-23802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8282]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-851]


Notice of Amended Final Results of 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 21, 2007, the Department of Commerce (the 
``Department'') published in the Federal Register the final results of 
the second administrative review of the antidumping duty order on 
certain frozen fish fillets from the Socialist Republic of Vietnam 
(``Vietnam''). See Notice of Final Results of the Second Administrative 
Review: Certain Frozen Fish Fillets and Socialist Republic of Vietnam, 
72 FR 13242 (March 21, 2007) and accompanying Issues and Decision 
Memorandum (``Final Results''). The period of review (``POR'') covered 
August 1, 2004, through July 31, 2005. We are amending our Final 
Results to correct ministerial errors made in the calculation of the 
antidumping duty margin for QVD Food Company (``QVD''), pursuant to 
section 751(h) of the Tariff Act of 1930, as amended (the ``Act'').

EFFECTIVE DATE: May 1, 2007.

FOR FURTHER INFORMATION CONTACT: Julia Hancock, 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) 482-1394.

SUPPLEMENTARY INFORMATION:

Background

    On March 21, 2007, the Department published the Final Results and 
corresponding issues and decision memorandum. See Memorandum from 
Stephen J. Claeys, Deputy Assistant Secretary for Import 
Administration, to David M. Spooner, Assistant Secretary for Import 
Administration, Subject: Issues and Decision Memorandum for the Second 
Administrative Review of Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam (``Final Decision Memo'').
    On March 19, 2007, QVD and the Catfish Farmers of America and 
individual U.S. catfish processors (``Petitioners'') filed timely 
allegations that the Department made various ministerial errors in the 
Final Results. On March 26, 2007, Petitioners filed rebuttal comments 
to ministerial error allegations submitted by QVD. No other interested 
party submitted ministerial error allegations.

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

[[Page 23801]]

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\1\, 1604.19.5000\2\, 0305.59.4000\3\, 
0304.29.6033\4\ (Frozen Fish Fillets of the species Pangasius including 
basa and tra) of the Harmonized Tariff Schedule of the United States 
(``HTSUS'').\5\ 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.
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    \1\ See Memorandum to the File, from Cindy Robinson, Senior Case 
Analyst, Office 9, Import Administration, Subject: Frozen Fish 
Fillets: Third Addition of Harmonized Tariff Number, (March 1, 
2007). This HTUS went into effect on March 1, 2007.
    \2\ See Memorandum to the File, from Cindy Robinson, Senior Case 
Analyst, Office 9, Import Administration, Subject: Frozen Fish 
Fillets: Third Addition of Harmonized Tariff Number, (March 1, 
2007). This HTUS went into effect on March 1, 2007.
    \3\ See Memorandum to the File, from Cindy Robinson, Senior Case 
Analyst, Office 9, Import Administration, Subject: Frozen Fish 
Fillets: Second Addition of Harmonized Tariff Number, (February 2, 
2007). This HTUS went into effect on February 1, 2007.
    \4\ See Memorandum to the File, from Cindy Robinson, Senior Case 
Analyst, Office 9, Import Administration, Subject: Frozen Fish 
Fillets: Addition of Harmonized Tariff Number, (January 30, 2007). 
This HTUS went into effect on February 1, 2007.
    \5\ Until 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.
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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.''
    After analyzing all interested parties' comments, we have 
determined, in accordance with 19 CFR 351.224(e), that ministerial 
errors existed in the calculations for QVD in the Final Results. 
Correction of these errors results in a change to QVD's final margin; 
however, the rate for the Vietnam-wide entity and Cataco remains 
unchanged. For a detailed discussion of these ministerial errors, as 
well as the Department's analysis, see Memorandum to James C. Doyle, 
Office Director, AD/CVD Operations, Office 9, through Alex Villanueva, 
Program Manager, AD/CVD Operations, Office 9, from Julia Hancock, 
Senior Case Analyst, AD/CVD Operations, Office 9, Subject: Analysis of 
Ministerial Error Allegations, (April 19, 2007) (``Ministerial Error 
Allegation Memorandum''). The Ministerial Error Allegation Memorandum 
is on file in the Central Records Unit, room B-099 in the main 
Department building.
    Therefore, in accordance with section 751(h) of the Act and 19 CFR 
351.224(e), we are amending the Final Results of the administrative 
review of certain frozen fish fillets from Vietnam. The revised 
weighted-average dumping margins are detailed below. For company-
specific calculations, please see Memorandum from Julia Hancock, Senior 
Case Analyst, through Alex Villanueva, to the File, Subject: Analysis 
Memorandum for the Amended Final Results for QVD, (April 19, 2007) 
(``QVD Amended Final Memo''). The revised final weighted-average 
dumping margins are as follows:

                                    Certain Frozen Fish Fillets from Vietnam
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                      Manufacturer/Exporter                             Weighted-Average Margin (Percent)\6\
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QVD..............................................................                                          15.01
Cataco...........................................................                                          80.88
Vietnam-Wide Entity\7\...........................................                                          63.88
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\6\ The Department notes that, in the Final Results, the Department stated that it was changing its cash deposit
  and assessment methodology from an ad valorem to a per-unit basis. See Final Results, 71 FR 13242 at Comment
  6. However, because the respective per-unit cash deposit rate for QVD and Cataco are business proprietary
  information, the Department cannot disclose these cash deposit rates in this notice. See QVD Amended Final
  Memo, (April 19, 2007) at 2; Memorandum to the File, through Alex Villanueva, Program Manager, from Julia
  Hancock, Case Analyst, Subject: Cataco's Per-Unit Cash Deposit Rate, (April 19, 2007) (Cataco
  Memo) at 2 for further discussion.
\7\ The Vietnam-wide Entity includes Can Tho Animal Fishery Products Processing Export Enterprise (``Cafatex''),
  Mekong Fish Company (``Mekonimex''), Nam Viet Company, Ltd. (``Navico''), Phan Quan Trading Co., Ltd. (``Phan
  Quan''), An Giang Agriculture Technology Service Company (``ANTESCO''), Anhaco, Binh Dinh Import Export
  Company (``Binh Dinh''), Vinh Long Import-Export Company (``Vinh Long''), and An Giang Agriculture and Foods
  Import-Export Company (``Afiex'').


[[Page 23802]]

    The Department shall determine, and U.S. Customs and Border 
Protection shall assess, antidumping duties on all appropriate entries 
based on the amended final results. For details on the assessment of 
antidumping duties on all appropriate entries, see Final Results.
    These amended final results are published in accordance with 
sections 751(h) and 777(i)(1) of the Act.

    Dated: April 19, 2007.
Joseph A. Spetrini,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-8282 Filed 4-30-07; 8:45 am]
BILLING CODE: 3510-DS-S