[Federal Register Volume 78, Number 55 (Thursday, March 21, 2013)]
[Notices]
[Pages 17350-17354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06550]


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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 Antidumping Duty Administrative Review and 
New Shipper Reviews; 2010-2011

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

SUMMARY: The Department of Commerce (``the Department'') published the 
Preliminary Results of the eighth administrative review and aligned new 
shipper reviews on certain frozen fish fillets from the Socialist 
Republic of Vietnam (``Vietnam'') on September 12, 2012.\1\ We gave 
interested parties an opportunity to comment on the Preliminary 
Results. Based upon our analysis of the comments and information 
received, we made changes to the margin calculations for these final 
results. The final dumping margins are listed below in the ``Final 
Results of the Administrative Reviews'' section of this notice. The 
period of review (``POR'') is August 1, 2010, through July 31, 2011.
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    \1\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Preliminary Results of the Eighth Antidumping Duty 
Administrative Review and Ninth New Shipper Reviews, Partial 
Rescission of Review, and Intent to Revoke Order in Part, 77 FR 
56180 (September 12, 2012) (``Preliminary Results'').

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DATES: Effective Date: March 21, 2013.

FOR FURTHER INFORMATION CONTACT: Paul Walker (Anvifish), Susan 
Pulongbarit (Vinh Hoan), Alex Montoro (An Phu and Godaco) or Seth 
Isenberg (Docifish), AD/CVD Operations, Office 9, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution

[[Page 17351]]

Avenue NW., Washington, DC 20230; telephone 202-482-0413, 202-482-4031, 
202-482-0238, or 202-482-0588, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Results on September 12, 
2012.\2\ Between November 20, 2012 and December 4, 2012 interested 
parties submitted surrogate value data for consideration in the final 
results. On December 12, 2012, the Department released verification 
reports for its verification of Vinh Hoan Corporation (``Vinh 
Hoan'').\3\ On December 13, 2012, the Department extended the final 
results to March 13, 2013.\4\ Between December 21, 2012 and January 17, 
2013, interested parties submitted case and rebuttal briefs. On 
February 21, 2013 the Department held both public and closed hearings.
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    \2\ Id.
    \3\ See Memorandum to the File, from Susan Pulongbarit, through 
Scot T. Fullerton, ``Verification of the Sales and Factors of 
Production Response of Vinh Hoan Corporation in the 2010-2011 
Administrative Review of Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam,'' dated December 14, 2012; see also 
Memorandum to the File, from Susan Pulongbarit and Kabir Archuletta, 
through Scot T. Fullerton, ``Verification of the CEP Sales Response 
of Vinh Hoan Corporation in the 8th Antidumping Duty Administrative 
Review of Certain Frozen Fish Fillets from the Socialist Republic of 
Vietnam,'' dated December 14, 2012.
    \4\ See Memorandum to Gary Taverman, Senior Advisor, through 
James Doyle, Office Director, from Paul Walker, Case Analyst, 
``Certain Frozen Fish Fillets from the Socialist Republic of 
Vietnam: Extension of Deadline for Final Results of the Eighth 
Antidumping Duty Administrative Review and Aligned New Shipper 
Reviews,'' dated December 13, 2012.
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Scope of the Order

    The merchandise subject to 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. The products are currently classifiable under the 
Harmonized Tariff Schedule of the United States (``HTSUS'') subheadings 
1604.19.4000, 1604.19.5000, 0305.59.4000, 0304.29.6033 (Frozen Fish 
Fillets of the species Pangasius including basa and tra). Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of the order remains 
dispositive.\5\
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    \5\ See ``Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam: Issues and Decision Memorandum for the Final 
Results of the Eighth Administrative Review and Aligned New Shipper 
Reviews,'' dated concurrently with this notice (``Issues and 
Decision Memorandum'') and incorporated herein by reference, for a 
complete description of the Scope of the Order.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
these reviews are addressed in the Issues and Decision Memorandum. A 
list of the issues which parties raised is attached to this notice as 
Appendix I. The Issues and Decision Memorandum is a public document and 
is on file in the Central Records Unit (``CRU''), Room 7046 of the main 
Department of Commerce building, as well as 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 CRU. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the internet at http://www.trade.gov/ia/. The 
signed Issues and Decision Memorandum and the electronic versions of 
the Issues and Decision Memorandum are identical in content.

Final Partial Rescission

    In the Preliminary Results, the Department preliminarily rescinded 
the administrative review with respect to seven companies: (1) Bien 
Dong Seafood Company Ltd.; (2) International Development & Investment 
Corporation; (3) Cuu Long Fish Joint Stock Company; (4) Thien Ma 
Seafood Co., Ltd.; (5) East Sea Seafoods Limited Liability Company; \6\ 
(6) Cantho Import-Export Seafood Joint Stock Company; and (7) Thuan An 
Production Trading & Services Co., Ltd. (collectively, the ``No 
Shipment Companies''). These companies reported that they had no 
shipments of subject merchandise to the United States during the POR, 
and our examination of shipment data from U.S. Customs and Border 
Protection (``CBP'') confirmed that there were no entries of subject 
merchandise made by these companies during the POR.\7\ Subsequent to 
the Preliminary Results, the Department did not receive any comments or 
information indicating that the No Shipment Companies made sales of 
subject merchandise to the United States during the POR. Therefore, 
pursuant to 19 CFR 351.213(d)(3), we are rescinding the administrative 
review with respect to the No Shipment Companies.
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    \6\ Includes the trade name East Sea Seafoods LLC.
    \7\ See Preliminary Results, 77 FR at 56181.
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    In addition, we preliminarily rescinded the administrative review 
with respect to An Phu Seafood Corporation (``An Phu''), Docifish 
Corporation (``Docifish''), and Godaco Seafood Joint Stock Company 
(``Godaco'') (collectively, the ``New Shipper Respondents'') because 
they notified the Department that they made no entries during the POR 
other than the entries under review in the aligned new shipper reviews. 
The Department's examination of shipment data from CBP confirmed that 
there were no other entries of subject merchandise made by these 
companies during the POR, and no information to the contrary has been 
submitted since the Preliminary Results. Therefore, we are rescinding 
the administrative review with respect to the New Shipper Respondents.

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 calculations for Anvifish Joint Stock 
Corporation (``Anvifish'') and Vinh Hoan.\8\ For the reasons explained 
in the Issues and Decision Memorandum at Comment I, we have now 
selected Indonesia as the primary surrogate country. We have also made 
other changes to the margin calculations of Anvifish and Vinh Hoan.\9\ 
Finally, the surrogate values memorandum contains the further 
explanation of our changes to the surrogate values.\10\
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    \8\ Vinh Hoan includes Vinh Hoan Corporation and its affiliates 
Van Duc Food Export Joint Company (``Van Duc'') and Van Duc Tien 
Giang (``VDTG'').
    \9\ See accompanying Issues and Decision Memorandum at Comments 
VIII and XVII and the company-specific analysis memoranda, dated 
concurrently with this notice.
    \10\ See Memorandum to the File, through Scot T. Fullerton, 
Program Manager, Office 9, from Paul Walker, Case Analyst, ``Certain 
Frozen Fish Fillets from the Socialist Republic of Vietnam: 
Surrogate Values for the Final Results,'' dated concurrently with 
this notice.

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[[Page 17352]]

Notice of Intent To Revoke the Order, in Part

A. Vinh Hoan

    In the Preliminary Results, we preliminarily determined that Vinh 
Hoan qualifies for revocation from the antidumping duty order on 
certain frozen fish fillets from Vietnam, and invited parties to 
comment.
    Pursuant to section 751(d) of the Tariff Act of 1930, as amended 
(``the Act''), the Department ``may revoke, in whole or in part'' an 
antidumping duty order upon completion of a review under section 751(a) 
of the Act. In determining whether to revoke an antidumping duty order 
in part, the Department considers (a) whether the company in question 
has sold subject merchandise at not less than normal value for a period 
of at least three consecutive years, (b) whether the company has agreed 
in writing to its immediate reinstatement in the order, as long as any 
exporter or producer is subject to the order, if the Department 
concludes that the company, subsequent to revocation, sold the subject 
merchandise at less than normal value, and (c) whether the continued 
application of the antidumping duty order is otherwise necessary to 
offset dumping.\11\
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    \11\ See 19 CFR 351.222(b)(2)(i)(A)-(C).
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    For these final results, Vinh Hoan has not been assigned a zero or 
de minimis margin.\12\ As a consequence, the Department finds that Vinh 
Hoan has not met the criteria listed in 19 CFR 351.222(b)(2)(i) and is, 
therefore, not eligible for revocation.
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    \12\ See Memorandum to the File, from Susan Pulongbarit, through 
Scot T. Fullerton, ``Eighth Administrative Review of Certain Frozen 
Fish Fillets from the Socialist Republic of Vietnam: Final Results 
Analysis Memorandum for Vinh Hoan Corporation,'' dated March 13, 
2013, at 1.
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B. QVD Food Company Ltd. (``QVD'')

    In the Preliminary Results, we noted that QVD sold subject 
merchandise at less than normal value in the prior administrative 
review and that this was one of the factors which disqualified them 
from revocation.\13\ In fact, the Department's policy is that a company 
which requests revocation must be selected as a mandatory respondent in 
order for the Department to consider the revocation request.\14\ As QVD 
was not selected as a mandatory respondent,\15\ it is not eligible for 
revocation.
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    \13\ See Preliminary Results, 77 FR at 56187.
    \14\ See, e.g., Certain Frozen Warmwater Shrimp from the 
Socialist Republic of Vietnam: Preliminary Results, Partial 
Rescission, and Request for Revocation, In Part, of the Fifth 
Administrative Review, 76 FR 12054 (March 4, 2011) unchanged in 
Certain Frozen Warmwater Shrimp from the Socialist Republic of 
Vietnam: Final Results and Final Partial Rescission of Antidumping 
Duty Administrative Review, 76 FR 56158 (September 12, 2011).
    \15\ See Preliminary Results, 77 FR at 56180.
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Separate Rates

    In our Preliminary Results, we determined that the following 
companies, in addition to Anvifish, Vinh Hoan, and the New Shipper 
Respondents, met the criteria for separate rate status: (1) An Giang 
Agriculture and Food Import-Export Joint Stock Company; (2) Asia 
Commerce Fisheries Joint Stock Company; (3) Binh An Seafood Joint Stock 
Company; (4) Cadovimex II Seafood Import-Export and Processing Joint 
Stock Company; (5) Hiep Thanh Seafood Joint Stock Company; (6) Hung 
Vuong Corporation; (7) Nam Viet Corporation; (8) NTSF Seafoods Joint 
Stock Company; (9) QVD; (10) Saigon Mekong Fishery Co., Ltd.; (11) 
Southern Fisheries Industries Company Ltd.; and (12) Vinh Quang 
Fisheries Corporation (collectively, the ``Separate Rate 
Respondents'').\16\ We have not received any information since the 
issuance of the Preliminary Results that provides a basis for 
reconsideration of these determinations. Therefore, the Department 
continues to find that the Separate Rate Respondents meet the criteria 
for a separate rate.
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    \16\ See id. at 56182.
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Rate for Non-Selected Companies

    We selected Anvifish and Vinh Hoan as mandatory respondents in this 
administrative review.\17\ The statute and the Department's regulations 
do not directly address the establishment of a rate to be applied to 
companies not selected for individual examination where the Department 
limited its examination in an administrative review pursuant to section 
777A(c)(2) of the Act. Generally, the Department's practice in cases 
involving limited selection based on exporters accounting for the 
largest volumes of trade has been to look to section 735(c)(5) of the 
Act for guidance, which provides instructions for calculating the all-
others rate in an investigation. Section 735(c)(5)(A) of the Act 
instructs that we are not to calculate an all-others rate using any 
zero or de minimis margins or any margins based entirely on facts 
available. Section 735(c)(5)(B) of the Act also provides that, where 
all margins are zero rates, de minimis rates, or rates based entirely 
on facts available, we may use ``any reasonable method'' for assigning 
the rate to non-selected respondents. In the Preliminary Results, 
because we did not calculate margins for Anvifish and Vinh Hoan, and in 
accordance with Bearings,\18\ we assigned zero percent margins to the 
Separate Rate Companies. However, in the final results, we have 
calculated rates above de minimis for Anvifish and Vinh Hoan.
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    \17\ Id. at 56180.
    \18\ Id. at 56182 (citing Ball Bearings and Parts Thereof From 
France, Germany, and Italy: Preliminary Results of Antidumping Duty 
Administrative Reviews and Rescission of Antidumping Duty 
Administrative Reviews in Part, 77 FR 33159 (June 5, 2012) 
(``Bearings'')).
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    Therefore, consistent with section 735(c)(5)(A) of the Act and the 
Department's practice, we have assigned the average rate calculated for 
Anvifish and Vinh Hoan to the Separate Rate Respondents. Because the 
rates calculated for Anvifish and Vinh Hoan have changed since the 
Preliminary Results, the margin assigned to the Separate Rate 
Respondents has also changed accordingly.

Vietnam-Wide Rate and Vietnam-Wide Entity

    In the Preliminary Results, we determined that three companies 
failed to demonstrate their eligibility for a separate rate.\19\ 
Therefore, we preliminarily assigned the entity a rate of 2.11 USD/kg, 
the current rate applied to the Vietnam-wide entity. We have not 
received any information since issuance of the Preliminary Results that 
provides a basis for reconsidering this determination, and will 
therefore continue to apply the entity rate of 2.11 USD/kg to these 
three companies.
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    \19\ Id. at 56183.

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[[Page 17353]]

Final Results of the Administrative Reviews

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

------------------------------------------------------------------------
                                                        Weighted-average
                       Exporter                         margin (dollars/
                                                         kilogram) \20\
------------------------------------------------------------------------
Vinh Hoan Corporation \21\...........................               0.19
Anvifish Joint Stock Company \22\....................               1.34
An Giang Agriculture and Food Import-Export Joint                   0.77
 Stock Company.......................................
Asia Commerce Fisheries Joint Stock Company..........               0.77
Binh An Seafood Joint Stock Company..................               0.77
Cadovimex II Seafood Import-Export and Processing                   0.77
 Joint Stock Company.................................
Hiep Thanh Seafood Joint Stock Company...............               0.77
Hung Vuong Corporation...............................               0.77
Nam Viet Corporation.................................               0.77
NTSF Seafoods Joint Stock Company....................               0.77
QVD Food Company Ltd \23\............................               0.77
Saigon Mekong Fishery Co., Ltd.......................               0.77
Southern Fisheries Industries Company Ltd............               0.77
Vinh Quang Fisheries Corporation.....................               0.77
Vietnam-Wide Rate \24\...............................               2.11
------------------------------------------------------------------------

     
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    \20\ In the third administrative review of this order, the 
Department determined that it would calculate per-unit assessment 
and cash deposit rates for all future reviews. See Certain Frozen 
Fish Fillets from the Socialist Republic of Vietnam: Final Results 
of Antidumping Duty Administrative Review and Partial Rescission, 73 
FR 15479 (March 24, 2008).
    \21\ This rate is applicable to the Vinh Hoan Group which 
includes Vinh Hoan, Van Duc, and VDTG. In the sixth review of this 
order, the Department found Vinh Hoan, Van Duc, and VDTG to be a 
single entity and, because there have been no changes to this 
determination since that administrative review, we continue to find 
these companies to be part of a single entity. Therefore, we will 
assign this rate to the companies in the single entity. See Certain 
Frozen Fish Fillets From the Socialist Republic of Vietnam: Notice 
of Preliminary Results and Partial Rescission of the Sixth 
Antidumping Duty Administrative Review and Sixth New Shipper Review, 
75 FR 56061 (September 15, 2010).
    \22\ Includes the trade name Anvifish Co., Ltd.
    \23\ This rate is also applicable to QVD Dong Thap Food Co., Ltd 
and Thuan Hung Co., Ltd. (``THUFICO''). In the second review of this 
order, the Department found QVD, QVD Dong Thap Food Co., Ltd. and 
THUFICO to be a single entity and, because there have been no 
changes to this determination since that administrative review, we 
continue to find these companies to be part of a single entity. 
Therefore, we will assign this rate to the companies in the single 
entity. See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Preliminary Results of Antidumping Duty Administrative 
Review, 71 FR 53387 (September 11, 2006).
    \24\ The Vietnam-wide rate includes the following companies 
which are under review, but which did not submit a separate rate 
application or certification: Nam Viet Company Limited; East Sea 
Seafoods Joint Venture Co., Ltd.; and Vinh Hoan Company, Ltd.
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    The weighted-average dumping margins for the new shipper reviews 
are as follows:

------------------------------------------------------------------------
                                                        Weighted-average
         Manufacturer                  Exporter         margin (dollars/
                                                           kilogram)
------------------------------------------------------------------------
An Phu Seafood Corporation....  An Phu Seafood                      1.37
                                 Corporation.
Docifish Corporation..........  Docifish Corporation.               3.87
An Phat Import-Export Seafood   Godaco Seafood Joint                1.81
 Co. Ltd.                        Stock Company.
------------------------------------------------------------------------

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and CBP shall assess, antidumping duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this review. The Department intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of the final results of this administrative review.
    For assessment purposes, we calculated importer (or customer)-
specific assessment rates for merchandise subject to this review. We 
will continue to 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. Specifically, we calculated importer-specific duty assessment 
rates on a per-unit rate basis by dividing the total dumping margins 
(calculated as the difference between normal value and export price, or 
constructed export price) for each importer by the total sales quantity 
of subject merchandise sold to that importer during the POR. If an 
importer (or customer)-specific assessment rate is de minimis (i.e., 
less than 0.50 percent), the Department will instruct CBP to assess 
that importer (or customer's) entries of subject merchandise without 
regard to antidumping duties, in accordance with 19 CFR 351.106(c)(2).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication

[[Page 17354]]

date, as provided for by section 751(a)(2)(C) of the Act: (1) For the 
exporters listed above, the cash deposit rate will be the rate 
established in the final results of review (except, if the rate is zero 
or de minimis, i.e., less than 0.5 percent, a zero cash deposit rate 
will be required for that company); (2) for previously investigated or 
reviewed Vietnamese and non-Vietnamese exporters not listed above that 
have separate rates, the cash deposit rate will continue to be the 
exporter-specific rate published for the most recent period; (3) for 
all Vietnamese exporters of subject merchandise which have not been 
found to be entitled to a separate rate, the cash deposit rate will be 
the Vietnam-wide rate of 2.11 USD/kg; and (4) for all non-Vietnamese 
exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the 
Vietnamese exporters that supplied that non-Vietnamese exporter. The 
deposit requirements, when imposed, shall remain in effect until 
further notice.
    The following cash deposit requirements will be effective upon 
publication of the final results of these new shipper reviews for all 
shipments of the subject merchandise 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 An Phu, Docifish and Godaco, the 
cash deposit rate will be the rate established in the final results of 
these new shipper reviews; (2) for subject merchandise exported by An 
Phu, Docifish and Godaco, but not manufactured by An Phu, Docifish and 
Godaco, respectively, the cash deposit rate will continue to be the 
Vietnam-wide rate, i.e., $2.11/kg; and (3) for subject merchandise 
manufactured by An Phu, Docifish and Godaco, but exported by any other 
party, the cash deposit rate will also be the Vietnam-wide rate. The 
cash deposit requirements, 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) 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 order (``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 or 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 these administrative reviews and 
notice in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: March 13, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I--Issues and Decision Memorandum

Comment I: Selection of the Surrogate Country
    A. Economic Comparability
    B. Significant Producer of Comparable Merchandise
    C. Data Considerations--Whole Live Fish
Comment II: Surrogate Financial Ratios
Comment III: Labor
Comment IV: Sawdust
Comment V: Rice Husk
Comment VI: Zeroing
Comment VII: By-Products
    A. Fish Waste, Fish Belly, and Fish Skin
    B. Fish Oil and Fish Meal
    C. Frozen Broken Meat
    D. Fresh Broken Meat

Company-Specific Issues

Comment VIII: Application of AFA to Vinh Hoan
Comment IX: Vinh Hoan's Gross Weight vs. Net Weight
Comment X: Vinh Hoan's Revocation
Comment XI: Vinh Hoan's Whole Fish Consumption
Comment XII: Vinh Hoan's Imputed Expenses for Constructed Export 
Price
Comment XIII: Vinh Hoan's Market Economy Purchases
Comment XIV: Vinh Hoan's Verification Report Clarifications
Comment XV: Vinh Hoan's Programming Changes
Comment XVI: GODACO's & DOCIFISH's Revised Databases
Comment XVII: An Phu's Tape and Strap Calculation

[FR Doc. 2013-06550 Filed 3-20-13; 8:45 am]
BILLING CODE 3510-DS-P