[Federal Register Volume 77, Number 91 (Thursday, May 10, 2012)]
[Notices]
[Pages 27435-27436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11218]


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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 New Shipper Review

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

SUMMARY: On December 13, 2011, the Department of Commerce 
(``Department'') published in the Federal Register the preliminary 
results of the new shipper review 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 calculation for the final results of this new 
shipper review. The final weighted-average margins are listed below in 
the ``Final Results of Review'' section of this notice. The period of 
review (``POR'') is August 1, 2010, through January 31, 2011.
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    \1\ See Certain Frozen Fish Fillets From the Socialist Republic 
of Vietnam: Preliminary Results of the New Shipper Review, 76 FR 
77485 (December 13, 2011) (``Preliminary Results'').

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DATES: Effective Date: May 10, 2012.

FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-0219.

SUPPLEMENTARY INFORMATION:

Background

    As noted above, on December 13, 2011, the Department published the 
Preliminary Results of this new shipper review. We invited interested 
parties to comment on the Preliminary Results. We extended the 
deadlines for submission of surrogate value comments and case briefs on 
multiple occasions.\2\ On January 10, 2012, the Department published a 
notice fully extending the time limit for completion of the final 
results of this new shipper review.\3\ Between March 16, 2012, and 
March 21, 2012, we received case and rebuttal briefs from Petitioners 
\4\ and the respondent.\5\ As a result of our analysis, we have made 
changes to the Preliminary Results.
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    \2\ See Memorandum for All Interested Parties, from Alexis 
Polovina, Case Analyst, Import Administration, Re: Antidumping Duty 
New Shipper Review of Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam: Extension of Time to Submit Surrogate Value 
Comments, dated December 30, 2011. See also Memorandum for All 
Interested Parties, from Emeka Chukwudebe, Case Analyst, Import 
Administration, Re: Antidumping Duty New Shipper Review of Certain 
Frozen Fish Fillets from the Socialist Republic of Vietnam: 
Extension of Surrogate Value Comments & Case Briefs Deadlines, dated 
January 5, 2012. See also Memorandum for All Interested Parties, 
from Emeka Chukwudebe, Case Analyst, Import Administration, Re: 
Antidumping Duty New Shipper Review of Certain Frozen Fish Fillets 
from the Socialist Republic of Vietnam: Second Extension of Case and 
Rebuttal Briefs, dated, February 29, 2012. See also Memorandum for 
All Interested Parties, from Emeka Chukwudebe, Case Analyst, Import 
Administration, Re: Antidumping Duty New Shipper Review of Certain 
Frozen Fish Fillets from the Socialist Republic of Vietnam: Revised 
Extension of Case and Rebuttal Briefs, dated, March 8, 2012.
    \3\ See Certain Frozen Fish Fillets From the Socialist Republic 
of Vietnam: Extension of Time for Final Results of the New Shipper 
Review, 77 FR 1470 (January 10, 2012).
    \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'').
    \5\ Thuan An Production Trading & Services Co., Ltd. 
(``TAFISHCO'').
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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 0304.29.6033, 0304.62.0020, 0305.59.0000, 0305.59.4000, 
1604.19.2000, 1604.19.2100, 1604.19.3000, 1604.19.3100, 1604.19.4000, 
1604.19.4100, 1604.19.5000, 1604.19.5100, 1604.19.6100, 1604.19.8100 
(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.
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    \6\ 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. On March 2, 
2011, the Department added two HTSUS numbers at the request of U.S. 
Customs and Border Protection (``CBP''): 1604.19.2000 and 1604 
19.3000. On January 30, 2012, the Department added eight HTSUS 
numbers at the request of U.S. CBP: 0304.62.0020, 0305.59.0000, 
1604.19.2100, 1604.19.3100, 1604.19.4100, 1604.19.5100, 
1604.19.6100, 1604.19.8100.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties are 
addressed in the ``Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam: Issues and Decision Memorandum for the Final 
Results of the New Shipper Review,'' dated concurrently with this 
notice (``I&D Memo''), and which is hereby adopted by this notice. A 
list of the issues which parties raised is attached to this notice as 
an Appendix. Parties can find a complete discussion of all issues 
raised in this new shipper review and the corresponding recommendation 
in this public memorandum which is on file electronically via Import 
Administration's Antidumping and Countervailing Duty Centralized 
Electronic Services System (``IA ACCESS''). Access to IA ACCESS is 
available in the Central Records Unit (``CRU'') of the main Commerce 
Building, Room 7046. In addition, a complete version of the I&D Memo is 
accessible on the Web at http://trade.gov/frn. The paper copy and 
electronic versions of the I&D Memo are identical in content.

[[Page 27436]]

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we have made 
certain revisions to the margin calculation for TAFISHCO. For the 
reasons explained in the I&D Memo at Comment I, we have changed our 
primary surrogate country selection from Indonesia to Bangladesh. For 
all other changes to the calculation of TAFISHCO, see the I&D Memo and 
company-specific analysis memorandum. For changes to the surrogate 
values, see the I&D Memo and ``Memorandum to the File, through Matthew 
Renkey, Acting Program Manager, AC/CVD Operations, Office 9, from Emeka 
Chukwudebe, Case Analyst, AD/CVD Operations, Office 9, Antidumping New 
Shipper Review of Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam: Surrogate Values for the Final Results,'' dated 
May 3, 2012.

Final Results of Review

    The dumping margin for the POR is as follows:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Manufacturer/exporter                       margin
                                                           (dollars per
                                                             kilogram)
------------------------------------------------------------------------
Thuan An Production Trading & Services Co., Ltd.........            0.00
------------------------------------------------------------------------

Assessment

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries. 
The Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of the final results of review. Pursuant 
to 19 CFR 351.212(b)(1), we will calculate importer-specific (or 
customer) ad valorem duty assessment rates based on the ratio of the 
total amount of the dumping margins calculated for the examined sales 
to the total entered value of those same sales. In accordance with 19 
CFR 351.106(c)(2), we will instruct CBP to liquidate, without regard to 
antidumping duties, all entries of subject merchandise during the POR 
for which the importer-specific assessment rate is zero or de minimis.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this new shipper review for all 
shipments of the subject merchandise from Vietnam entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (``Act''): (1) For subject merchandise produced and exported by 
TAFISHCO, the cash deposit rate will be the rate established in the 
final results of this new shipper review. If the cash deposit rate 
calculated in the final results is zero or de minimis, no cash deposit 
will be required for the specific producer-exporter combination listed 
above; (2) for subject merchandise exported by TAFISHCO, but not 
manufactured by TAFISHCO, the cash deposit rate will continue to be the 
Vietnam-wide rate (i.e., $2.11/Kilogram); and (3) for subject 
merchandise manufactured by TAFISHCO, but exported by any other party, 
the cash deposit rate will be the Vietnam-wide rate (i.e., $2.11/
Kilogram). The cash deposit requirement, when imposed, shall 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)(2) 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 Order

    In accordance with 19 CFR 351.305(a)(3), this notice also serves as 
a reminder to parties subject to administrative protective order 
(``APO'') of their responsibility concerning the return or destruction 
of proprietary information disclosed under the APO, 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 subject to sanction.
    We are issuing and publishing this new shipper review and notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

     Dated: May 3, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I--Issues & Decision Memorandum

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
    B. Fish Waste
    C. Fingerlings, Fish Feed, Nutrients, Lime
    D. Salt
    E. STPP, CO Gas, PE Bags, Cartons, Tape, Label, Plastic Sheet, 
Banding, Diesel
    F. Labor
    G. Brokerage & Handling
COMMENT III: CORRECTION OF PRELIMINARY MARGIN CALCULATION

[FR Doc. 2012-11218 Filed 5-9-12; 8:45 am]
BILLING CODE 3510-DS-P