[Federal Register Volume 78, Number 20 (Wednesday, January 30, 2013)]
[Notices]
[Pages 6297-6298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02001]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Preliminary Results of Antidumping Duty New Shipper Reviews;
2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is conducting
four new shipper reviews (``NSRs'') of the antidumping duty order on
certain frozen fish fillets from the Socialist Republic of Vietnam
(``Vietnam''). The period of review (``POR'') is August 1, 2011,
through January 31, 2012. The reviews cover four exporters of subject
merchandise: Quang Minh Seafood Co., Ltd. (``Quang Minh''); Dai Thanh
Seafoods Company Limited (``Dathaco''); Fatifish Company Limited
(``Fatifish''); and Hoang Long Seafood Processing Co., Ltd. (``Hoang
Long'') (collectively, the ``New Shipper Respondents''). The Department
has preliminarily determined that the New Shipper Respondents did not
sell subject merchandise at less than normal value (``NV'').
DATES: Effective Date: January 30, 2013.
FOR FURTHER INFORMATION CONTACT: Jerry Huang, Toni Dach, and Seth
Isenberg, 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) 482-4047, (202) 482-1655 and (202) 482-0588.
SUPPLEMENTARY INFORMATION:
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), and Pangasius Micronemus.
These products are classifiable under tariff article codes
1604.19.4000, 1604.19.5000, 0305.59.4000, 0304.29.6033 of the
Harmonized Tariff Schedule of the United States (``HTSUS''). Although
the HTSUS subheading is provided for convenience and customs purposes,
our written description of the scope of the order is dispositive.\1\
---------------------------------------------------------------------------
\1\ See ``Decision Memorandum for Preliminary Results of
Antidumping Duty New Shipper Reviews: Certain Frozen Fish Fillets
from the Socialist's Republic of Vietnam'' from Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations to Paul Piquado, Assistant Secretary for Import
Administration, dated January 24, 2013 (``Preliminary Decision
Memorandum'') and hereby adopted by this notice for a complete
description of the Scope of the Order.
---------------------------------------------------------------------------
Methodology
The Department has conducted these reviews in accordance with
section 751(a)(2)(B) of the Tariff Act of 1930, as amended (``the
Act'') and 19 CFR 351.214. Export prices have been calculated in
accordance with section 772 of the Act. Because Vietnam is a nonmarket
economy within the meaning of section 771(18) of the Act, normal value
has been calculated in accordance with section 773(c) of the Act.
Specifically, the New Shipper Respondents' factors of production have
been valued primarily in Bangladesh, which is economically comparable
to Vietnam and is a significant producer of comparable merchandise,
consistent with section 773(c)(2) of the Act. When data were not
available from Bangladesh, we used Indian, Indonesian and Philippine
sources.
For a full description of the methodology underlying our
conclusions, please see the Preliminary Decision Memorandum. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov and in the Central Records Unit, room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memorandum can be accessed directly on the
Internet at http://www.trade.gov/ia/. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of the Review
The Department preliminarily finds that the following margins exist
for the period August 1, 2010, to January 31, 2011.
----------------------------------------------------------------------------------------------------------------
Weighted-average margin
Exporter Producer (dollars per kilogram)
----------------------------------------------------------------------------------------------------------------
Quang Minh Seafood Co., Ltd................. Quang Minh Seafood Co., Ltd......... 0.00
Dai Thanh Seafoods Company Limited.......... Dai Thanh Seafoods Company Limited.. 0.00
Fatifish Company Limited.................... Fatifish Company Limited............ 0.00
Hoang Long Seafood Processing Co., Ltd...... Hoang Long Seafood Processing Co., 0.00
Ltd.
----------------------------------------------------------------------------------------------------------------
Disclosure and Public Comments
The Department intends to disclose calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Interested parties are invited to comment on the preliminary results of
these reviews. Interested parties may submit case briefs and/or written
comments no later than 30 days after the date of publication of the
preliminary results of review.\2\ Rebuttal briefs and rebuttals to
written comments, limited to issues raised in such briefs or comments,
may be filed no later than five days after the time limit for filing
the case briefs.\3\
---------------------------------------------------------------------------
\2\ See 19 CFR 351.309(c)(1)(ii); Parties submitting written
comments must submit them pursuant to the Department's e-filing
regulations. See https://iaaccess.trade.gov/help/IA%20ACCESS%20User%20Guide.pdf.
\3\ See 19 CFR 351.309(d)(1)-(2).
---------------------------------------------------------------------------
Any interested party may request a hearing within 30 days of
publication of
[[Page 6298]]
these preliminary results.\4\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs. If a request for a hearing is made, parties will be
notified of the time and date for the hearing to be held at the U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.\5\
---------------------------------------------------------------------------
\4\ See 19 CFR 351.310(c).
\5\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
The Department intends to issue the final results of these new
shipper reviews, which will include the results of its analysis of
issues raised in all comments and at any hearing, within 90 days of
publication of these preliminary results, pursuant to section
751(a)(2)(B)(iv) of the Act.
Deadline for Submission of Publicly Available Surrogate Value
Information
In accordance with 19 CFR 351.301(c)(3)(ii), the deadline for
submission of publicly available information to value factors of
production under 19 CFR 351.408(c) is 20 days after the date of
publication of the preliminary results. In accordance with 19 CFR
351.301(c)(1), if an interested party submits factual information less
than ten days before, on, or after (if the Department has extended the
deadline) the applicable deadline for submission of such factual
information, an interested party may submit factual information to
rebut, clarify, or correct the factual information no later than ten
days after such factual information is served on the interested party.
However, the Department generally will not accept in the rebuttal
submission additional or alternative surrogate value information not
previously on the record, if the deadline for submission of surrogate
value information has passed.\6\ Furthermore, the Department generally
will not accept business proprietary information in either the
surrogate value submissions or the rebuttals thereto, as the regulation
regarding the submission of surrogate values allows only for the
submission of publicly available information.\7\
---------------------------------------------------------------------------
\6\ See, e.g., Glycine from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review and Final
Rescission, in Part, 72 FR 58809 (October 17, 2007), and
accompanying Issues and Decision Memorandum at Comment 2.
\7\ See 19 CFR 351.301(c)(3).
---------------------------------------------------------------------------
Assessment Rates
Upon completion of the final results, pursuant to 19 CFR
351.212(b), the Department will determine, and U.S. Customs Border and
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries on a per-unit basis for the New Shipper
Respondents. 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) per-unit duty assessment rates. We will instruct
CBP to assess antidumping duties on all appropriate entries covered by
this review if any importer-specific assessment rate calculated in the
final results of this review is above de minimis. The final results of
these reviews shall be the basis for the assessment of antidumping
duties on entries of merchandise covered by the final results of these
reviews and for future deposits of estimated duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of these new shipper reviews for all
shipments of subject merchandise from the New Shipper Respondents
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) For subject merchandise produced and exported by the New Shipper
Respondents, the cash deposit rate will be the rates established in the
final results of these reviews (except, if a rate is zero or de
minimis, no cash deposit will be required); (2) for subject merchandise
exported by the New Shipper Respondents but not manufactured by the New
Shipper Respondents, the cash deposit rate will continue to be the
Vietnam-wide rate (i.e., $2.11 per kilogram); \8\ and (3) for subject
merchandise manufactured by the New Shipper Respondents, but exported
by any other party, the cash deposit rate will be the rate applicable
to the exporter. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\8\ See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Final Results of the Antidumping Duty Administrative
Review and New Shipper Reviews, 75 FR 12726, 12728 (March 17, 2010).
---------------------------------------------------------------------------
Notification to Interested Parties
This notice serves as a preliminary 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 Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing this determination in accordance with
sections 751(a)(2)(B) and 777(i)(1) of the Act.
Dated: January 24, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-02001 Filed 1-29-13; 8:45 am]
BILLING CODE 3510-DS-P