[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]


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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\
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    \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.
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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.

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                                                                                       Weighted-average margin
                  Exporter                                  Producer                   (dollars per kilogram)
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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.
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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\
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    \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).
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    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\
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    \4\ See 19 CFR 351.310(c).
    \5\ See 19 CFR 351.310(d).
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    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\
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    \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).
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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.
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    \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).
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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