[Federal Register Volume 75, Number 51 (Wednesday, March 17, 2010)]
[Notices]
[Pages 12726-12728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5853]


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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 the Antidumping Duty Administrative Review 
and New Shipper Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') has conducted an 
administrative review and two new shipper reviews of the antidumping 
duty order on certain frozen fish fillets from the Socialist Republic 
of Vietnam (``Vietnam''). See Notice of Antidumping Duty Order: Certain 
Frozen Fish Fillets from the Socialist Republic of Vietnam, 68 FR 47909 
(August 12, 2003) (``Order''). The administrative review and new 
shipper reviews include four companies, the mandatory respondents, QVD 
Food Company Ltd. (``QVD''),\1\ and

[[Page 12727]]

Vinh Hoan Corporation (``Vinh Hoan''), and the two new shipper review 
companies, are Saigon-Mekong Fishery Co., Ltd. (``SAMEFICO''), and 
Cadovimex II Seafood Import-Export & Processing Joint Stock Company 
(``Cadovimex II''). We preliminarily found that QVD, Vinh Hoan, 
SAMEFICO, and Cadovimex II, did not sell subject merchandise at less 
than normal value (``NV'') and thus received zero margins during the 
period of review (``POR''), August 1, 2007, through July 31, 2008. See 
Preliminary Results. We gave interested parties an opportunity to 
comment on the Preliminary Results. Based upon our analysis of the 
comments and information received, we made changes to the dumping 
margin calculations for the final results.\2\ The final dumping margins 
are listed below in the section entitled ``Final Results of the 
Reviews.''
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    \1\ The Department is treating QVD, QVD Dong Thap Food Co., Ltd. 
(``QVD DT''), and Thuan Hung Co., Ltd. (``Thuan Hung'') as a single 
entity in these final results. Similarly, the Department is treating 
Vinh Hoan, Vinh Hoan USA Inc. (``Vinh Hoan USA''), and Van Duc Food 
Export Joint Stock Company (``Van Duc``) as a single entity. Section 
351.401(f) of the Department's regulations define single entities as 
those affiliated producers who have production facilities for 
similar or identical products that would not require substantial 
retooling of either facility in order to restructure manufacturing 
priorities and the Secretary concludes that there is a significant 
potential for the manipulation of price or production. See Certain 
Frozen Fish Fillets From the Socialist Republic of Vietnam: Notice 
of Preliminary Results of the New Shipper Reviews and Fifth 
Antidumping Duty Administrative Review, 74 FR 45805 (September 4, 
2009) (``Preliminary Results'').
    \2\ See Memorandum to the File from Alan Ray, Case Analyst, 
through Alex Villanueva, Program Manager, Final Results Analysis for 
QVD Food Company Ltd. and its Affiliates (``QVD'') (March 10, 2010); 
Memorandum to the File from Javier Barrientos, Senior Case Analyst, 
through Alex Villanueva, Program Manager, Final Results Analysis for 
Vinh Hoan Corporation (``Vinh Hoan'') (March 10, 2010); Memorandum 
to the File from Alexis Polovina, Case Analyst, through Alex 
Villanueva, Program Manager, Final Results Analysis for Saigon-
Mekong Fishery Co., Ltd. (``SAMEFICO'') (March 10, 2010); and 
Memorandum to the File from Tim Lord, Case Analyst, through Alex 
Villanueva, Program Manager, Final Results Analysis for Cadovimex II 
Seafood Import-Export & Processing Joint Stock Company (``Cadovimex 
II'') (March 10, 2010).

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DATES: Effective Date: March 17, 2010.

FOR FURTHER INFORMATION CONTACT: Alan Ray (QVD), Javier Barrientos 
(Vinh Hoan), Alexis Polovina (SAMEFICO), and Tim Lord (Cadovimex II) 
Office 9, AD/CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-
5403, (202) 482-2243, (202) 482-3927, and (202) 482-7425, respectively.

SUPPLEMENTARY INFORMATION:

Case History

    On September 4, 2009, the Department published in the Federal 
Register the preliminary results of these new shipper and 
administrative reviews of the antidumping duty order on certain frozen 
fish fillets from Vietnam. Since the Preliminary Results, the following 
events have occurred.
    On October 2, 2009, Petitioners\3\ and Respondents submitted 
additional surrogate value information. On October 13, 2009, 
Petitioners and Respondents submitted rebuttal surrogate value 
information.
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    \3\ The Catfish Farmers of America and individual U.S. catfish 
processors, America's Catch, Consolidated Catfish Companies, LLC dba 
Country Select Catfish, Delta Pride Catfish, Inc., Harvest Select 
Catfish, Inc., Heartland Catfish Company, Pride of the Pond, Simmons 
Farm Raised Catfish, Inc., and Southern Pride Catfish Company LLC 
(``Petitioners'').
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    On October 30, 2009, Petitioners and Respondents submitted case 
briefs and rebuttal briefs on November 10, 2009.
    On December 23, 2009, the Department extended the time limit for 
completion of the final results of this administrative review and 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 and Fifth Antidumping Duty Administrative 
Review, 74 FR 68228 (December 23, 2009).
    On January 11, 2010, the Department solicited additional 
information from East Sea Seafoods LLC (``ESS LLC''). On January 20, 
2010, ESS LLC submitted the additional information. On January 29, 
2010, and February 16, 2010, Petitioners and ESS LLC, respectively, 
submitted additional comments regarding ESS LLC's January 20, 2010 
data.
    As explained in the memorandum from the Deputy Assistant Secretary 
for Import Administration, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from February 5, through February 12, 2010. Thus, all 
deadlines in this segment of the proceeding have been extended by seven 
days. The revised deadline for the final results of this administrative 
review is now March 10, 2010. See Memorandum to the Record from Ronald 
Lorentzen, DAS for Import Administration, regarding Tolling of 
Administrative Deadlines As a Result of the Government Closure During 
the Recent Snowstorm, dated February 12, 2010.

Scope of the Order

    The product covered by the 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'').\4\ 
The 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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    \4\ Until July, 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.

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, Vinh Hoan, SAMEFICO and Cadovimex II 
for the final results. For all changes to the calculations of QVD, Vinh 
Hoan,

[[Page 12728]]

SAMEFICO, and Cadovimex II, see the Final Decision Memo and company 
specific analysis memoranda. For changes to the surrogate values see 
Memorandum to the File, through Alex Villanueva, Program Manager, AC/
CVD Operations, Office 9, from Alexis Polovina, case analyst, AD/CVD 
Operations, Office 9, New Shipper Review and Fifth Antidumping Duty 
Administrative Review of Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam: Surrogate Values for the Final Results.

FINAL Results of the Reviews

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

                Certain Frozen Fish Fillets from Vietnam
------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                   Margin (Dollars
                                                         Per Kilogram)
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QVD.................................................                0.00
Vinh Hoan...........................................                0.00
SAMEFICO............................................                0.00
Cadovimex II........................................                0.00
Agifish\6\..........................................                0.02
East Sea Joint Venture Company (``ESS JVC'')........                0.02
Vietnam-Wide Entity\7\..............................                2.11
------------------------------------------------------------------------
\6\ In this proceeding, there are two eligible separate-rate
  respondents, Agifish and ESS JVC, who were not selected as mandatory
  respondents. Accordingly, the rate calculated for Agifish and ESS JVC
  is the assigned non-de minimis per-unit rate of $0.02 per kilogram
  that Agifish recently received in the most recently completed
  administrative review. See Notice of Amended Final Results of
  Antidumping Duty Administrative Review: Certain Frozen Fish Fillets
  from Vietnam (``4th AR Final''), 74 FR 17816 (April 17, 2009). See
  also the Rate for Non-Selected Companies section in the Preliminary
  Results for a discussion the selection of this rate.
\7\ Which includes ESS LLC. See accompanying Issue and Decision
  Memorandum at Comment 7.

Assessment

    The Department will determine, and 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.\8\ 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 these administrative and new shipper reviews.
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    \8\ We divided the total dumping margins (calculated as the 
difference between NV and EP or CEP) for each importer by the total 
quantity of subject merchandise sold to that importer during the POR 
to calculate a per-unit assessment amount.
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    With respect to ESS JVC, the Department will instruct CBP to asses 
$0.02 per kilogram on all appropriate entries, pursuant to 19 CFR 
351.212(b) made during the POR up to June 17, 2008, the effective date 
of the name change from ESS JVC to ESS LLC. For a detailed explanation, 
please the Final Decision Memo at Comment 7. Any entries made after 
June 17, 2008, by ESS JVC will be assessed at the Vietnam-wide entity 
rate of $2.11 per kilogram.
    With respect to ESS LLC, the Department shall instruct CBP to 
assess $2.11 per kilogram on all appropriate entries, pursuant to 19 
CFR 351.212(b) made during the POR as it is currently not under 
administrative review and remains part of the Vietnam-wide entity.

Cash Deposit Requirements

    The following cash-deposit requirements will be effective upon 
publication of the final results of these administrative and 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) 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 ide 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 less than fair value 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 $2.11 per kilogram. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
    The cash deposit rate for any future entries made under the name of 
ESS JVC will be $2.11 per kilogram because we have determined that ESS 
JVC ceased to exist as of June 17, 2008. See id.

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 the final results of these 
administrative and new shipper reviews and notice in accordance with 
sections 751(a)(1) and (2) and 777(i) of the Act.

    Dated: March 10, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I - Decision Memorandum

Comment 1: Surrogate Country
Comment 2: Surrogative Values
A. Whole Live Fish
B. Broken Fillets
C. Fish Waste
D. Cold Storage
E. Containerization
F. Salt
G. Ice
H. Labor.
I. Comtrade Data
J. Carton/Boxes
Comment 3: Zeroing
Comment 4: Vinh Hoan
A. Collapsing
B. Marine Insurance
Comment 5: QVD (Sales of Sample Sales)
Comment 6: CADOVIMEX-II
A. Deduction of INLFPWUWOG
B. Inflation of Certain Surrogate Values
Comment 7: Appropriate Rate for East Sea Seafood JVC/East Sea Seafood 
LLC
[FR Doc. 2010-5853 Filed 3-16-10; 8:45 am]
BILLING CODE 3510-DS-S