[Federal Register Volume 74, Number 143 (Tuesday, July 28, 2009)]
[Notices]
[Pages 37188-37189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17872]



[[Page 37188]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

A-552-801


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

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

EFFECTIVE DATE: July 28, 2009.

FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe and Alan Ray, AD/CVD 
Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, DC, 20230; telephone: (202) 482 
0219 and (202) 482 5403, respectively.

SUPPLEMENTARY INFORMATION:

Amendment to the Final Results:

    In accordance with sections 751(h) and 777(i)(1) of the Tariff Act 
of 1930, as amended, (``Act''), on June 15, 2009, the Department of 
Commerce (``Department'') issued the final results in the antidumping 
new shipper review of certain frozen fish fillets from the Socialist 
Republic of Vietnam (``Vietnam'') covering Hiep Thanh Seafood Joint 
Stock Company (``Hiep Thanh'') and Asia Commerce Fisheries Joint Stock 
Company (``Acomfish'') (collectively, ``Respondents''). See Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Final Results of the 
Third New Shipper Reviews, 74 FR 29473, (June 22, 2009) (``Final 
Results'').
    On June 22, 2009, Petitioners \1\ filed a timely allegation that 
the Department made a ministerial error in the Final Results and 
requested, pursuant to 19 CFR 351.224, that the Department correct the 
alleged ministerial error in the calculation of the margins for 
Acomfish and Hiep Thanh. No other party in this proceeding submitted 
comments on the Department's final margin calculations.
---------------------------------------------------------------------------

    \1\ Catfish Farmers of America and individual U.S. catfish 
processors.
---------------------------------------------------------------------------

    A ministerial error is defined as ``an error in addition, 
subtraction, or other arithmetic function, clerical error resulting 
from inaccurate copying, duplication, or the like, and any other type 
of unintentional error which the {Department{time}  considers 
ministerial.'' See section 751(h) of the Act; see also 19 CFR 
351.224(f).
    After analyzing petitioner's comments, we have determined, in 
accordance with section 751(h) of the Act and 19 CFR 351.224(e), that 
we made a ministerial error in our calculation for the final results 
with respect to Acomfish and Hiep Thanh.\2\ Specifically, we 
inadvertently excluded the surrogate values for packing materials 
during the packing stage of the margin calculation.
---------------------------------------------------------------------------

    \2\ See Memorandum to the File through Alex Villanueva, Program 
Manager, Office 9, from Emeka Chukwudebe, Case Analyst, Office 9, 
New Shipper Review of Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam: Analysis for the Final Results for Acomfish 
Joint Stock Company (``Acomfish'') dated June 15, 2009 (``Acomfish 
Final Analysis Memo'') at Attachment 2 and Memorandum to the File 
through Alex Villanueva, Program Manager, Office 9, from Alan Ray, 
Case Analyst, Office 9, Analysis of the Final Results of the New 
Shipper Reviews of Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam (``Vietnam''): Hiep Thanh Joint Stock Company 
(``Hiep Thanh'') dated June 15, 2009 (``Hiep Thanh Final Analysis 
Memo'') at Attachment 2.
---------------------------------------------------------------------------

    Additionally, in the Final Results, we are correcting a 
typographical error in Comment 1 of the Final Decision Memo. See Final 
Decision Memo at Comment 1. Specifically, the surrogate financial 
ratios used were based on Apex's financial statements only, and not on 
the average of Gemini with Apex as stated in the Final Decision Memo. 
The text in the Final Decision Memo clearly indicates we only intended 
to use Apex's financial statements but we inadvertently included Gemini 
in the context of the last sentence.
    The margin for Acomfish did not change following revisions made to 
the Final Results. Accordingly, the margin for Acomfish remains at 0.00 
percent. For Hiep Thanh however, the margin increases from 6.68 percent 
to 13.76 percent. We further note that the errors did not affect the 
Vietnam-Wide entity rate, and thus it will not be revised.
    Therefore, in accordance with section 751(h) of the Act, we are 
amending the final results in this antidumping duty new shipper review 
of certain frozen fish fillets from the Vietnam. After correcting the 
ministerial error, the amended final weighted-average dumping margins 
are as follows:
    Certain Frozen Fish Fillets from Vietnam

----------------------------------------------------------------------------------------------------------------
                                                                                Amended Final Weighted-Average
          Manufacturer/Exporter              Final Weighted-Average Margin                  Margin
----------------------------------------------------------------------------------------------------------------
Acomfish................................                               0.00%                               0.00%
Hiep Thanh..............................                               6.68%                              13.76%
----------------------------------------------------------------------------------------------------------------

Assessment Rates

    The Department intends to issue assessment instructions to U.S. 
Customs and Border Protection (``CBP'') 15 days after the date of 
publication of these amended final results of review. In accordance 
with 19 CFR 351.212(b)(1), we have calculated importer-specific 
assessment rates for merchandise subject to this review.

Cash Deposit Requirements

    The following deposit requirements will be effective retroactively 
on any entries made on or after June 22, 2009, the date of publication 
of the Final Results, for all shipments of subject merchandise entered, 
or withdrawn from warehouse, for consumption as provided by section 
751(a)(2)(C) of the 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. In the 
2nd administrative review, the Department stated that we would collect 
cash deposits and issue assessment instructions on a per-unit basis. 
See Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: 
Final Results of the Second Administrative Review, 72 FR 13242, 13244 
(March 21, 2007). Therefore, we intend to issue CBP instructions on 
that basis.

Notification of Interested Parties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate

[[Page 37189]]

regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties. This notice also serves as a 
reminder to parties subject to administrative protective orders 
(``APOs'') 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 that is subject to 
sanction.
    We are issuing and publishing these amended final results of review 
and notice in accordance with sections 751(a) and 777(i) of the Act.

    Dated: July 20, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-17872 Filed 7-27-09; 8:45 am]
BILLING CODE 3510-DS-S