[Federal Register Volume 73, Number 126 (Monday, June 30, 2008)]
[Notices]
[Pages 36840-36843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14801]


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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 and Partial Rescission of New Shipper Reviews

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

EFFECTIVE DATE: June 30, 2008.

[[Page 36841]]


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:

Case History

    On February 1, 2008, the Department of Commerce (the 
``Department'') published in the Federal Register the preliminary 
results of these new shipper reviews of the antidumping duty order 
(``Order'') on certain frozen fish fillets from the Socialist Republic 
of Vietnam (``Vietnam''). See Certain Frozen Fish Fillets From the 
Socialist Republic of Vietnam: Partial Rescission and Preliminary 
Results of the First New Shipper Reviews, 73 FR 6119 (February 1, 2008) 
(``Preliminary Results''); Notice of Antidumping Duty Order: Certain 
Frozen Fish Fillets from the Socialist Republic of Vietnam, 68 FR 47909 
(August 12, 2003) (``Order''). The Preliminary Results were announced 
to interested parties on January 22, 2008. Since the Preliminary 
Results, the following events have occurred.
    On January 30, 2008, Vinh Quang Fisheries Co., Ltd. (``Vinh 
Quang'') filed comments on the Department's preliminary rescission of 
Vinh Quang/New Century's\1\ new shipper review. Additionally, on 
February 12, 2008, the Catfish Farmers of America (``Petitioners'') 
submitted rebuttal comments regarding Vinh Quang/New Century's 
preliminary results comments. On February 13, 2008, Vinh Quang/New 
Century submitted rebuttal comments to Petitioners' February 12, 2008, 
letter. On February 28, 2008, the Department issued a memorandum 
regarding its analysis of the post-preliminary results of Vinh Quang/
New Century. In the post-preliminary results memorandum, the Department 
reversed its preliminary decision to rescind the new shipper review for 
Vinh Quang/New Century and calculated an antidumping duty margin for 
Vinh Quang/New Century for purposes of providing all parties an 
opportunity to comment on a calculated antidumping duty margin prior to 
the final results. See Memorandum to the File, through James C. Doyle, 
Director, Office 9, and Alex Villanueva, Program Manager, Office 9, 
from Julia Hancock, Senior Analyst, Office 9, Subject: Post-Preliminary 
Results Analysis of Vinh Quang/New Century'' (February 28, 2008) (``VQ 
Post-Prelim Rescission Memo'').
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    \1\ In the Preliminary Results, we found that Vinh Quang and New 
Century Trading Company (``New Century'') should be treated as a 
single entity for purposes of this new shipper review. No party has 
challenged this for the final results and we will continue to treat 
Vinh Quang/New Century as a single entity for the final results, 
pursuant to 19 CFR 351.401(f). Accordingly, for the entirety of this 
notice, Vinh Quang and New Century will be known as ``Vinh Quang/New 
Century.''
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    On April 10, 2008, Petitioners, Anvifish Co., Ltd. (``Anvifish''), 
Ngoc Thai Company, Ltd. (``Ngoc Thai''), and Vinh Quang/New Century 
submitted case briefs. Also on April 15, 2008, Petitioners, Anvifish, 
and Vinh Quang/New Century submitted rebuttal briefs. On May 20, 2008, 
the Department extended 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 New Shipper Reviews, 73 FR 29111 (May 
20, 2008).

Period of Review

    The period of review (``POR'') is August 1, 2006, through January 
31, 2007.

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, 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'').\2\ 
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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    \2\ 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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Final Partial Rescission

    In the Preliminary Results, the Department preliminarily rescinded 
this review with respect to Ngoc Thai. The Department found in the 
Preliminary Results that Ngoc Thai was affiliated and should be treated 
as a single entity with Thai Tan Seafood Company (``Thai Tan''), Ngoc 
Thu Company, Ltd. (``Ngoc Thu''), and Kim Anh Company (``Kim Anh'') 
(collectively, the ``Kim Anh Group''), pursuant to section 771(33) of 
the Tariff Act of 1930, as amended (``the Act''), and 19 CFR 
351.401(f)(1); see Memorandum to James C. Doyle, Director, Office 9, 
through Alex Villanueva, Program Manager, Office 9, from Michael 
Holton, Senior Case Analyst, Subject: New Shipper Review of the 
Antidumping Duty Order on Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam: Affiliation and Collapsing of Ngoc Thai 
Company Ltd., (January 22, 2008) (``Ngoc Thai Affiliation Memo''). 
Because the Department found that the Kim Anh Group, including Ngoc 
Thai, is a single entity, the Department preliminarily rescinded the 
new shipper review of Ngoc Thai because as a single entity the Kim Anh 
Group shipped subject merchandise over a year prior to the POR of this 
new shipper review. See Ngoc Thai Affiliation Memo.
    We received comments with respect to our preliminary decision to 
rescind the new shipper review for Ngoc Thai. The Department continues 
to find that the deadline for requesting a new shipper review of the 
Kim Anh Group's first entry of subject merchandise had passed, pursuant 
to 19 CFR 351.214(b)(2)(iv)(A) and 19 CFR 351.214(c). Accordingly, the 
Department continues to find that the Kim Anh Group's request for a new 
shipper review of Ngoc Thai was untimely, pursuant to 19 CFR 
351.214(b)(2)(iv)(A) and 19 CFR 351.214(c). See Comment 7 of the 
``Issues and Decision Memorandum for the Final Results and

[[Page 36842]]

Partial Rescission of the First New Shipper Review: Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam'' (``Issues and Decision 
Memorandum'') accompanying this notice for a detailed discussion of our 
decision with respect to Ngoc Thai. Because the Kim Anh Group shipped 
subject merchandise over a year prior to the POR of this new shipper 
review, the Department is rescinding Ngoc Thai's new shipper review. 
See 19 CFR 351.214(c).

Separate Rates

    In the Preliminary Results, we determined that one new shipper, 
Anvifish, met the criteria for the assignment of a separate rate. See 
Preliminary Results, 73 FR at 6123. Additionally, in the VQ Post-Prelim 
Rescission Memo, where we reversed our preliminary decision to rescind 
the new shipper review for Vinh Quang/New Century, we also determined 
that Vinh Quang/New Century met the criteria for the assignment of a 
separate rate. See Memorandum to the File, through Alex Villanueva, 
Program Manager, from Julia Hancock, Senior Analyst, Subject: 1\st\ New 
Shipper Review of Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam: Analysis for Vinh Quang Fisheries Corporation 
(``Vinh Quang'') (February 28, 2008) at 10-12 (``Vinh Quang Post-Prelim 
Analysis Memo''). The Department received no comments on these issues, 
and we did not receive any further information since the issuance of 
the Preliminary Results and the VQ Post-Prelim Analysis Memo that 
provides a basis for the reconsideration of these determinations.
    Additionally, as discussed above, the Department is not performing 
a separate rate analysis to determine whether the other new shipper, 
Ngoc Thai, is eligible for a separate rate for the final results 
because the Department is rescinding Ngoc Thai's request for a new 
shipper review. See 19 CFR 351.214(c).

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, 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 Issues and Decision 
Memorandum can be accessed directly on our website at http://ia.ita.doc.gov/. The paper copy and electronic version of the Issues 
and Decision Memorandum 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 calculations for Anvifish and Vinh Quang for the final 
results. For all changes to the calculations for Anvifish and Vinh 
Quang/New Century, see the Issues and Decision Memorandum and the 
company-specific analysis memoranda.

Final Results of Review

    We determine that the following weighted-average dumping margins 
exist for the period August 1, 2006, through January 31, 2007:

                Certain Frozen Fish Fillets from Vietnam
------------------------------------------------------------------------
                                                            Weighted-
                 Manufacturer/Exporter                    Average Margin
                                                            (Percent)
------------------------------------------------------------------------
Anvifish...............................................          31.68
Vinh Quang/New Century/New Century.....................          15.38
------------------------------------------------------------------------

Assessment Rates

    Pursuant to 19 CFR 351.212(b), the Department will determine, and 
U.S. Customs and Border Protection (``CBP'') shall assess, antidumping 
duties on all appropriate entries on a per-unit basis.\3\ The 
Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review. For 
assessment purposes, where possible, we calculated importer-specific 
per-unit duty assessment rates for subject merchandise from Vietnam. We 
will instruct CBP to assess antidumping duties on all appropriate 
entries covered by this review.
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    \3\ We divided the total dumping margins (calculated as the 
difference between normal value (``NV'') 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. 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.
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Cash Deposit Requirements

    The following cash-deposit requirements will be effective upon 
publication of the final results of these new shipper reviews 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) for subject 
merchandise produced and exported by Anvifish, or produced and exported 
by Vinh Quang/New Century, the cash deposit rate will be the company-
specific rate show above (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 subject merchandise 
exported by Anvifish but not manufactured by Anvifish, and for subject 
merchandise exported by Vinh Quang/New Century but not manufactured by 
Vinh Quang/New Century, 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 or Vinh Quang/New Century, 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.

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)(2)(B), and 777(i)(1) of the Act and 
19 CFR 351.214(h)(i).


[[Page 36843]]


    Dated: June 20, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.

Appendix I

General Issues

Comment 1: Surrogate Financial Ratios
    A. Apex Foods Limited and Bionic
    B. Adequate Notice
Comment 2: Clerical Error and Inflator
Comment 3: Fish Waste Surrogate Value
Comment 4: Whole Live Fish Surrogate Value
Comment 5: Conversion of Surrogate Values

Company-Specific Issues

Comment 6: Ving Quang
    A. Rescission of Vinh Quang
    B. Bona Fide Nature of Vinh Quang's Sale
    C. U.S. Inland Freight
Comment 7: Anvifish
    A. Basis of U.S. Sales
    B. Bona Fide Nature of Anvifish's Sale
    C. Deduction of By-products
Comment 8: Rescission of Ngoc Thai
[FR Doc. E8-14801 Filed 6-27-08; 8:45 am]
BILLING CODE 3510-DS-S