[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Notices]
[Pages 38985-38986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16496]



[[Page 38985]]

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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 Fifth New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting a 
new shipper review 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''). This new shipper review includes NTSF Seafoods Joint Stock 
Company (``NTSF''). Based upon our analysis of the comments and 
information received, we made changes to the dumping margin calculation 
for the final results. The final dumping margin is listed below in the 
section entitled ``Final Results of the Review.''

DATES: Effective Date: July 7, 2010.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos, 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) 482-2243.

SUPPLEMENTARY INFORMATION:

Case History

    On January 19, 2010, the Department issued the preliminary results 
of the fifth new shipper review for the period August 1, 2008, through 
January 31, 2009. See Certain Frozen Fish Fillets From the Socialist 
Republic of Vietnam: Preliminary Results of New Shipper Review, 75 FR 
4350 (January 29, 2010) (``Preliminary Results''). On February 12, 
2010, the Department tolled administrative deadlines, including the 
instant review, by one calendar week. See Tolling of Administrative 
Deadlines As a Result of the Government Closure during the Recent 
Snowstorm, dated February 12, 2010 (``Tolling Memo'').
    On February 16, 2010, the Department extended the deadlines for 
submission of surrogate value data, surrogate value rebuttal comments, 
case and rebuttal briefs. See Memorandum to the File, from Javier 
Barrientos, Senior Case Analyst, Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam, dated February 16, 2010. On February 23, 
2010, Petitioners submitted additional publicly available information 
with which to value the factors of production.
    On March 4, 2010, the Department extended the deadlines for 
submission of case and rebuttal briefs. See Memorandum to the File, 
from Javier Barrientos, Senior Case Analyst, Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam, dated March 4, 2010. On 
March 12, 2010, Petitioners and NTSF submitted their respective case 
briefs. On March 17, 2010, Petitioners and NTSF submitted their 
respective rebuttal case briefs.
    On April 26, 2010, the Department extended the deadline for the 
final results in the instant review by 30 days. See Certain Frozen Fish 
Fillets From the Socialist Republic of Vietnam: Extension of Time Limit 
for Final Results of the Fifth New Shipper Review, 75 FR 26199 (April 
30, 2010). On May 19, 2010, the Department extended the deadline for 
the final results in the instant review by an additional 30 days. See 
Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: 
Extension of Time Limit for Final Results of the Fifth New Shipper 
Review, 75 FR 30374 (May 25, 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'').\1\ 
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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    \1\ 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 new shipper 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 of Commerce building. In 
addition, a copy of the Final Decision Memo can be accessed directly on 
our Web site 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 NTSF in the final results. For all changes 
to the calculations, 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 Javier Barrientos, Senior Case Analyst, AD/
CVD Operations, Office 9; Fifth Antidumping Duty New Shipper Review of 
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: 
Surrogate Values for the Final Results.

Final Results of the Review

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

[[Page 38986]]



                Certain Frozen Fish Fillets From Vietnam
------------------------------------------------------------------------
                                                     Weighted-average
             Manufacturer/ exporter                       margin
------------------------------------------------------------------------
NTSF...........................................                     0.00
------------------------------------------------------------------------

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. 
Specifically, we divided the total dumping margins (calculated as the 
difference between normal value 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. In this and any future review, 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 new shipper review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of this final results of this new shipper review for all 
shipments of subject merchandise by NTSF, entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended 
(``Act''): (1) For subject merchandise produced and exported by NTSF, 
the cash deposit rate will be zero; (2) for subject merchandise 
exported by NTSF, but not manufactured by NTSF, the cash deposit rate 
will continue to be the Vietnam-wide rate of $2.11/Kilogram; and (3) 
for subject merchandise manufactured by NTSF, but exported by any party 
other than NTSF, the cash deposit rate will be the rate applicable to 
the exporter. These cash deposit requirements 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 determination in accordance with 
sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR 351.214(h) and 
351.221(b)(5).

    Dated: June 27, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.

Appendix I--Decision Memorandum

    Comment 1: Surrogate Country.
    Comment 2: Surrogate Values.
    A. Whole Live Fish.
    B. Surrogate Financial Ratios.
    Comment 3: Indirect Labor.
    Comment 4: Factors of Production Denominator.

[FR Doc. 2010-16496 Filed 7-6-10; 8:45 am]
BILLING CODE 3510-DS-P