[Federal Register Volume 73, Number 57 (Monday, March 24, 2008)]
[Notices]
[Pages 15479-15481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5889]


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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 Antidumping Duty Administrative Review and 
Partial Rescission

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

EFFECTIVE DATE: March 24, 2008.

FOR FURTHER INFORMATION CONTACT: Catherine Bertrand, Paul Walker or 
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) 482-3207, (202) 482-0413, and (202) 482-3208 respectively.

SUPPLEMENTARY INFORMATION:

CASE HISTORY

    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 the Socialist Republic of Vietnam 
(``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''). Since the 
Preliminary Results, the following events have occurred.
    From September 24-26, 2007, the Department conducted the 
verification of QVD USA LLC in Bellevue, Washington. From October 1-2, 
2007, the Department verified QVD in Ho Chi Minh City, from October 3-
4, 2007, the Department verified QVD Dong Thap Food Co., Ltd., from 
October 5-9, 2007, the Department verified Thuan Hung Co., Ltd., and 
from October 10-12, 2007, the Department verified QVD Choi Moi Farming 
Cooperative.
    On December 28, 2007, the Petitioners, Catfish Farmers of America 
and individual U.S. catfish processors, and QVD Food Company (``QVD'') 
submitted case briefs. QVD's case brief included issues for Lian Heng 
Trading Co., Ltd. (``Lian Heng'') as well. On January 10, 2008, the 
Petitioners, QVD, Lian Heng, and East Sea Seafoods Joint Venture Co., 
Ltd. (``ESS'') submitted rebuttal briefs.
    On January 23, 2008, the Department extended the time limit for 
completion of the final results of this administrative review by sixty 
days. See Certain Frozen Fish Fillets From the Socialist Republic of 
Vietnam: Extension of Time Limit for Final Results of the Third 
Antidumping Duty Administrative Review, 73 FR 3945 (January 23, 2008).
    On March 6, 2008, the Department conducted a public and a closed 
hearing. Counsel for the Petitioners, QVD, and ESS attended.

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, 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 HTS 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 HTS 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 HTS 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 HTS 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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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 
this administrative review and the corresponding recommendations in 
this public memorandum which is on file in the Central Records Unit 
(``CRU''), room 1117 of the main Department 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.

VERIFICATION

    As provided in section 782(i) of the of the Tariff Act, as Amended 
(``the Act''), we conducted verification of the information submitted 
by QVD, its affiliated Vietnamese companies, QVD USA LLC, QVD Dong Thap 
Food Co.,

[[Page 15480]]

Ltd., Thuan Hung Co., Ltd., and QVD Choi Moi Farming Cooperative, for 
use in our final results. See Memorandum to the File, through, Alex 
Villanueva, Program Manager, AD/CVD Operations, Office 9, from Michael 
Holton, Senior Case Analyst, AD/CVD Operations, Office 9, Certain 
Frozen Fish Fillets from the Socialist Republic of Vietnam: 
Verification of QVD Food Company, Ltd., dated December 11, 2007; 
Memorandum to the File, through, Alex Villanueva, Program Manager, AD/
CVD Operations, Office 9, from Michael Holton, Senior Case Analyst, AD/
CVD Operations, Office 9, Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam: Verification of QVD USA LLC, dated 
December 11, 2007; Memorandum to the File, through, Alex Villanueva, 
Program Manager, AD/CVD Operations, Office 9, from Michael Holton, 
Senior Case Analyst, AD/CVD Operations, Office 9, Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Verification of QVD 
Dong Thap Food Co., Ltd. and Thuan Hung Co., Ltd., dated December 11, 
2007; and, Memorandum to the File, through, Alex Villanueva, Program 
Manager, AD/CVD Operations, Office 9, from Michael Holton, Senior Case 
Analyst, AD/CVD Operations, Office 9, Certain Frozen Fish Fillets from 
the Socialist Republic of Vietnam: Verification of QVD Choi Moi Farming 
Cooperative, dated December 13, 2007. For all companies, we used 
standard verification procedures, including examination of relevant 
accounting and production records, as well as original source documents 
provided by the Respondents.

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 QVD and ESS for the final results. For all 
changes to the calculations of QVD and ESS, see the Final Decision Memo 
and company specific analysis memoranda.

ADVERSE FACTS AVAILABLE

    Section 776(a)(2) of the Act provides that if an interested party: 
(A) withholds information that has been requested by the Department; 
(B) fails to provide such information in a timely manner or in the form 
or manner requested, subject to subsections 782(c)(1) and (e) of the 
Act; (C) significantly impedes a determination under the antidumping 
statute; or (D) provides such information but the information cannot be 
verified, the Department shall, subject to subsection 782(d) of the 
Act, use facts otherwise available in reaching the applicable 
determination.
    Furthermore, section 776(b) of the Act provides that, if the 
Department finds that an interested party ``has failed to cooperate by 
not acting to the best of its ability to comply with a request for 
information,'' the Department may use information that is adverse to 
the interests of that party as facts otherwise available. Adverse 
inferences are appropriate ``to ensure that the party does not obtain a 
more favorable result by failing to cooperate than if it had cooperated 
fully.'' See Statement of Administrative Action (``SAA'') accompanying 
the URAA, H.R. Doc. No. 316, 103d Cong., 2d Session at 870 (1994). An 
adverse inference may include reliance on information derived from the 
petition, the final determination in the investigation, any previous 
review, or any other information placed on the record. See section 
776(b) of the Act.
    In the Preliminary Results, the Department assigned a rate based on 
the use of total adverse facts available (``AFA'') to the Vietnam-Wide 
Entity, and Can Tho Agricultural and Animal Products Import Export 
Company (``CATACO'') because it failed to respond to the Department's 
two quantity and value questionnaires. We continue to find it is 
appropriate to apply total AFA to the Vietnam-wide entity and CATACO, 
as no parties provided comments on these issues. Therefore, we are 
continuing to apply AFA to the Vietnam-Wide Entity and CATACO.
    In the Preliminary Results, we determined to apply total AFA to 
certain sales by Lian Heng. We are continuing to apply AFA to these 
sales by Lian Heng in these final results. See Comment 9D of the Final 
Decision Memo.

FINAL PARTIAL RESCISSION

    In the Preliminary Results, the Department preliminarily rescinded 
this review with respect to the following nine companies: FAQUIMEX; 
Hung Vuong Co., Ltd.; NAVICO; Phu Thuan Company; DOCIFISH; Thuan Hung; 
United Seafood Packers Co., Ltd.; Van Duc Foods Export Joint Stock Co.; 
and Vietnam Fish-One. These companies reported that they had no 
shipments of subject merchandise to the United States during the POR. 
As we stated in the Preliminary Results, our examination of shipment 
data from CBP for these nine companies confirmed that there were no 
entries of subject merchandise from them during the POR. See 
Preliminary Results at 53530. Therefore, we are rescinding this 
administrative review with respect to the following nine companies: 
FAQUIMEX; Hung Vuong Co., Ltd.; NAVICO; Phu Thuan Company; DOCIFISH; 
Thuan Hung; United Seafood Packers Co., Ltd.; Van Duc Foods Export 
Joint Stock Co.; and Vietnam Fish-One.
    In the Preliminary Results, the Department also preliminarily 
rescinded the review with respect to QVD Dong Thap Food Co., Ltd. 
(``QVD Dong Thap''), because QVD reported that QVD Dong Thap did not 
ship any subject merchandise to the United States during the POR.
    We are continuing to find that QVD Dong Thap did not export subject 
merchandise to the United States during the POR, and therefore, we are 
rescinding this review with respect to QVD Dong Thap.

FINAL RESULTS OF REVIEW

    The weighted-average dumping margins for the POR are as follows:

                Certain Frozen Fish Fillets from Vietnam
------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                  Margin (Percent)
------------------------------------------------------------------------
QVD.................................................                0.00
  ESS...............................................                0.00
Vietnam-Wide Entity\1\..............................               63.88
------------------------------------------------------------------------
\6\ The Vietnam-wide Entity includes CATACO.

    Regarding Lian Heng, entries which are not accompanied by a country 
of origin certification (``Certification'') stating that the entry is 
not produced from Vietnamese-origin fish are subject to the Vietnam-
wide rate of 63.88 percent.

                Certain Frozen Fish Fillets from Vietnam
------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                  Margin (Percent)
------------------------------------------------------------------------
Lian Heng with Certification........................               0.00%
Lian Heng without Certification.....................              63.88%
------------------------------------------------------------------------

ASSESSMENT

    The Department will determine, and the 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

[[Page 15481]]

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 this administrative review.

CASH DEPOSIT REQUIREMENTS

    The following cash-deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit 
rate for each of the reviewed companies that received a separate rate 
in this review will be the rate listed in the final results of review 
(except that if the rate for a particular company is de minimis, i.e., 
less than 0.5 percent, no cash deposit will be required for that 
company); (2) for previously investigated companies not listed above, 
the cash deposit rate will continue to be the company-specific rate 
published for the most recent period of review; (3) if the exporter is 
not a firm covered in this review, a prior review, or the original LTFV 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recent period for the manufacturer of 
the merchandise; and (4) the cash deposit rate for all other 
manufacturers or exporters will be the Vietnam-wide rate of 63.88 
percent. These deposit requirements, when imposed, shall remain in 
effect until publication of the final results of the next 
administrative review.

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 administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: March 17, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.

Appendix I Decision Memorandum

GENERAL ISSUES:

COMMENT 1: SURROGATE FINANCIAL RATIOS
    A. BINOIC
    B. GEMINI
COMMENT 2: CEP PROFIT METHODOLOGY
COMMENT 3: PER-UNIT CASH DEPOSIT AND ASSESSMENT RATE
COMMENT 4: WHOLE LIVE FISH SURROGATE VALUES

COMPANY-SPECIFIC ISSUES:

COMMENT 5: QVD
A. QVD'S SALES TO BSF
B. COLLAPSING QVD/DONG THAP AND THUAN HUNG
    C. COLLAPSING QVD/DONG THAP AND CHOI MOI
    D. INTERNATONAL FREIGHT
    E. BANDING SURROGATE VALUE
    F. TAPE SURROGATE VALUE
    G. LABELS SURROGATE VALUE
    H. WATER SURROGATE VALUE
COMMENT 6: DONG THAP
    A. LABOR HOURS FOR CERTAIN WORKERS
    B. BYPRODUCTS
    C. CARTONS
    D. BROKEN FILLETS
    E. PALLETS AND PLASTIC SHEETS
COMMENT 7:THUAN HUNG
    A. LABOR HOURS RECONCILIATION
    B. ELECTRICITY
    C. WASTE
COMMENT 8: ESS
    A. BONA FIDE STATUS OF ESS'S SALES
    B. INDIRECT SELLING EXPENSES
    C. BYPRODUCTS
    D. WHOLE LIVE FISH FACTOR OF PRODUCTION
    E. FISH OIL SURROGATE VALUE
COMMENT 9: LIAN HENG
    A. CERTIFICATIONS
    B. ASSESSMENT OF DUTIES
    C. ASSESSMENT FOR CERTAIN INVOICES
    D. APPLICATION OF AFA
    E. SELECTED AFA RATE
[FR Doc. E8-5889 Filed 3-21-08; 8:45 am]
BILLING CODE 3510-DS-S