[Federal Register Volume 76, Number 117 (Friday, June 17, 2011)]
[Notices]
[Pages 35403-35404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15125]


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

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 New Shipper Reviews

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

SUMMARY: On January 25, 2011, the Department of Commerce 
(``Department'') published the Preliminary Results of the seventh new 
shipper reviews of the antidumping duty order on certain frozen fish 
fillets (``frozen fish fillets'') from the Socialist Republic of 
Vietnam (``Vietnam'').\1\ We gave interested parties an opportunity to 
comment on the Preliminary Results and, based upon our analysis of the 
comments and information received, we made changes to the margin 
calculations for the final results of these reviews. The final 
weighted-average margins are listed below in the ``Final Results of the 
Reviews'' section of this notice. The period of review (``POR'') is 
August 1, 2009, through February 15, 2010.
---------------------------------------------------------------------------

    \1\ See Certain Frozen Fish Fillets From the Socialist Republic 
of Vietnam: Notice of Preliminary Results of Antidumping Duty New 
Shipper Reviews, 76 FR 4292 (January 25, 2011) (``Preliminary 
Results'').

---------------------------------------------------------------------------
DATES: Effective Date: June 17, 2011.

FOR FURTHER INFORMATION CONTACT: Alan Ray, 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) 482-5403.

SUPPLEMENTARY INFORMATION: 

Case History

    As noted above, on January 25, 2011, the Department published the 
Preliminary Results of these new shipper reviews. We extended the 
deadlines for submission of surrogate value comments and case 
briefs.\2\ On March 9, 2011, the Department published a notice fully 
extending the time limit for completion of the final results of these 
new shipper reviews.\3\
---------------------------------------------------------------------------

    \2\ See Letter from Alex Villanueva, Program Manager, Office 9, 
to Interested Parties: Extending Surrogate Value Submission & 
Briefing Schedule for New Shipper Reviews of Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam (February 10, 2011). 
See also Letter from Matthew Renkey, Acting Program Manager, Office 
9, to Interested Parties: Extending Surrogate Value Submission & 
Briefing Schedule for New Shipper Reviews of Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam (March 25, 2011).
    \3\ See Certain Frozen Fish Fillets From the Socialist Republic 
of Vietnam: Notice of Extension of Time Limit for the Final Results 
of the Sixth Antidumping Duty Administrative and New Shipper 
Reviews, 75 FR 80795 (December 23, 2010).
---------------------------------------------------------------------------

    We invited interested parties to comment on the Preliminary 
Results. Between May 2, 2011, and May 12, 2011, we received case and 
rebuttal briefs from Petitioners \4\ and the Respondents. As a result 
of our analysis, we have made changes to the Preliminary Results.
---------------------------------------------------------------------------

    \4\ 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 
(collectively, ``Petitioners'').
---------------------------------------------------------------------------

Scope of the Order \5\
---------------------------------------------------------------------------

    \5\ See Notice of Antidumping Duty Order: Certain Frozen Fish 
Fillets From the Socialist Republic of Vietnam, 68 FR 47909 (August 
12, 2003) (``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'').\6\ 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.
---------------------------------------------------------------------------

    \6\ Until July 1, 2004, these products were classifiable under 
tariff article codes 0304.20.60.30 (Frozen Catfish Fillets), 
0304.20.60.96 (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.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties are 
addressed in ``Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam (``Vietnam''): Issues and Decision Memorandum for the Final 
Results,'' (June 13, 2011) (``I&D Memo''). A list of the issues which 
parties raised, and to which we responded in the I&D Memo,

[[Page 35404]]

is attached to this notice as an Appendix. The I&D Memo is a public 
document and is on file in the Central Records Unit (``CRU''), Main 
Commerce Building, Room 7046, and is accessible on the Department's Web 
site at http://www.trade.gov/ia. The paper copy and electronic version 
of the memorandum are identical in content.

Changes Since the Preliminary Results

    Based on a review of the record, verification, as well as comments 
received from interested parties regarding our Preliminary Results, we 
have made certain revisions to the margin calculation for IDI and 
THIMACO for the final results. For the reasons explained in the I&D 
Memo at Comment I, we have changed our surrogate country selection from 
the Philippines to Bangladesh. For all other changes to the 
calculations of IDI and THIMACO, see the I&D Memo and company specific 
analysis memoranda. For changes to the surrogate values, see the I&D 
Memo and ``Memorandum to the File, through Matthew Renkey, Acting 
Program Manager, AD/CVD Operations, Office 9, from Alan Ray, Case 
Analyst, and Emeka Chukwudebe, Case Analyst, AD/CVD Operations, Office 
9, Antidumping Duty New Shipper Reviews of Certain Frozen Fish Fillets 
from the Socialist Republic of Vietnam: Surrogate Values for the Final 
Results,'' (June 13, 2011).

Final Results of the Reviews

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

 
------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                         margin  (dollars
                                                        per  kilogram)
------------------------------------------------------------------------
(1) THIMACO.........................................               $0.00
(2) IDI.............................................                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 these new shipper reviews for all 
shipments of subject merchandise by THIMACO and IDI, 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 
IDI or THIMACO, the cash deposit rate will be zero; (2) for subject 
merchandise exported by IDI or THIMACO, but not manufactured by IDI or 
THIMACO, the cash deposit rate will continue to be the Vietnam-wide 
rate of $2.11/Kilogram; and (3) for subject merchandise manufactured by 
IDI or THIMACO, 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 10, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I--Issues & Decision Memorandum

General Issues

Comment I: Selection of Surrogate Country
A. Economic Comparability
B. Significant Producer of the Comparable Merchandise
C. Data Considerations
Comment II: Surrogate Values
A. Financial Ratios
    i. Whether To Reject Gemini's Financial Ratios Due to the Subsidies 
Listed in the Financial Statement
    ii. Which Financial Statements Represent the Best Source for 
Calculating Financial Ratios
B. Byproducts
    i. Fish Waste
    ii. Fish Skin

Company-Specific Issues

Comment III: Adjustments to THIMACO's Margin Calculation
A. Adjust ``International Freight'' from a Per Pound to a Per Kilogram 
Basis
B. Adjust Calculation of ``Insurance'' To Be Percentage Applied to 
Gross Unit Price
C. Should the Department Alter Its Preliminary Decision To Use the 
Intermediate Input Methodology (``IIM'') and Instead Accept THIMACO's 
Farming Factors, the Department Should Apply AFA to THIMACO's Farming 
Labor and Medicine FOPs
Comment IV: Adjustments to IDI's Margin Calculation
A. Adjust ``Other Discounts'' and ``International Freight'' Pound to 
Kilogram Basis
B. Adjust Calculation of Brokerage and Handling Expense
C. Calculation of IDI's Carton Boxes

[FR Doc. 2011-15125 Filed 6-16-11; 8:45 am]
BILLING CODE 3510-DS-P