[Federal Register Volume 73, Number 159 (Friday, August 15, 2008)]
[Notices]
[Pages 47884-47885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18948]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Amended Final Results of Antidumping Duty New Shipper Review: 
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam

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

EFFECTIVE DATE: August 15, 2008.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey, 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) 482-2312.

SUPPLEMENTARY INFORMATION:

Background

    On June 30, 2008, the Department of Commerce (``Department'') 
published in the Federal Register the final results of the new shipper 
reviews 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: Final 
Results and Partial Rescission of New Shipper Reviews, 73 FR 36840 
(June 30, 2008) (``Final Results'') and accompanying Issues and 
Decision Memorandum. The period of review (``POR'') covered August 1, 
2006, through January 1, 2007. On July 3, 2008, Anvifish filed a timely 
ministerial error allegation with respect to the Department's 
antidumping duty margin calculation in the Final Results. No other 
party filed ministerial error comments or rebuttal comments.

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'').\1\ 
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\ 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.'' Anvifish contends that the Department's margin 
calculation program contains a ministerial error in the deduction for 
port electricity charges. Based on verification, we noted that for one 
of the shipments to its affiliated U.S. customer, Anvifish incurred 
additional electricity charges at the port. Anvifish states that in the 
Final Results, the deduction for port electricity charges was 
calculated incorrectly using the individual quantities of the CEP sales 
observations as the denominator, whereas the denominator should 
actually be the total quantity of all CEP sales made from that 
shipment.
    After analyzing Anvifish's comments, we have determined, in 
accordance with 19 CFR 351.224(e), that a ministerial error was made. 
Specifically, we agree with Anvifish that we used the incorrect 
denominator for the port electricity deduction. The language in the 
margin

[[Page 47885]]

calculation program for the Final Results inadvertently used the 
quantities of the individual CEP sales, rather than the total quantity 
of all CEP sales that Anvifish's affiliated U.S. customer made from the 
affected shipment. The specific calculation change to correct this 
ministerial error can be found in the ``Memorandum to the File, through 
Alex Villanueva, Program Manager, Office 9, Import Administration, from 
Matthew Renkey, Senior Analyst, Office 9, Subject: Amended Final 
Results Analysis for Anvifish Co., Ltd.,'' (August 6, 2008) (``Amended 
Final Results Analysis Memo''). The Amended Final Results Analysis Memo 
is on file in the Central Records Unit, room 1117 at the Department's 
headquarters.
    Therefore, in accordance with section 751(h) of the Act and 19 CFR 
351.224(e), we are amending the Final Results of Anvifish's new shipper 
review of certain frozen fish fillets from Vietnam. The revised final 
weighted-average dumping margin for Anvifish is as follows:

   Certain Frozen Fish Fillets from Vietnam - Weighted-Average Dumping
                                 Margins
------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                    Deposit Rate
------------------------------------------------------------------------
Anvifish Co., Ltd...................................              0.00 %
------------------------------------------------------------------------

Cash Deposit Requirements

    This cash deposit rate will be effective retroactively on any 
entries made on or after June 30, 2008, for all shipments of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption as provided for by section 751(a)(2)(C) of the Act: (1) for 
subject merchandise produced and exported by Anvifish, no cash deposit 
will be required; (2) for subject merchandise exported by Anvifish, but 
not manufactured by Anvifish, 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, 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.

Assessment

    The Department intends to issue assessment instructions to CBP 15 
days after the publication date of these amended final results of 
review. Where an importer (or customer)-specific per-unit rate is zero 
or de minimis, we will instruct CBP to liquidate appropriate entries of 
subject merchandise without regard to antidumping duties that are 
entered, or withdrawn from warehouse, for consumption on or after June 
30, 2008, and to grant a refund for any overcollection on such entries 
if the importer makes such a request pursuant to 19 USC 1520(a)(4). See 
19 CFR 351.106(c)(2).
    These amended final results are published in accordance with 
sections 751(h) and 777(i)(1) of the Act.

    Dated: August 6, 2008.
David A. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-18948 Filed 8-14-08; 8:45 am]
BILLING CODE 3510-DS-S