[Federal Register Volume 78, Number 97 (Monday, May 20, 2013)]
[Notices]
[Pages 29323-29325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11965]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Certain Frozen Fish Fillets From the Socialist Republic of 
Vietnam: Amended Final Results of Antidumping Duty Administrative 
Review; 2010-2011

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

SUMMARY: The Department of Commerce (the ``Department'') is amending 
the final results of the eighth administrative review and aligned new 
shipper reviews on certain frozen fish fillets (``fish fillets'') from 
the Socialist Republic of Vietnam (``Vietnam'') to correct certain 
ministerial errors.\1\ 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: Final Results of Antidumping Duty Administrative Review 
and New Shipper Reviews; 2010-2011, 78 FR 17350 (March 21, 2013) 
(``Final Results'').

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DATES: Effective Date: May 20, 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 Avenue NW., Washington, DC 
20230; telephone 202-482-0413, 202-482-4031, 202-482-0238, or 202-482-
0588, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 15, 2013 the Department disclosed to interested parties 
its calculations for the Final Results. Between March 20, and March 25, 
2013, we received ministerial error comments

[[Page 29324]]

and rebuttal comments from interested parties.\2\
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    \2\ The interested parties include: The Catfish Farmers of 
America, and individual U.S. catfish processors (collectively 
``Petitioners''), An Phu Seafood Corporation (``An Phu''), Anvifish 
Joint Stock Company (``Anvifish''), Docifish Corporation 
(``DOCIFISH''), Godaco Seafood Joint Stock Company (``GODACO''), and 
Vinh Hoan Corporation (``Vinh Hoan'').
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Scope of the Order

    For a full description of the products covered by the antidumping 
duty order, see Memorandum to Paul Piquado, Assistant Secretary for 
Import Administration, through Gary Taverman, Senior Advisor for 
Antidumping and Countervailing Duty Operations, from James C. Doyle, 
Director, Office 9, ``Eighth Administrative Review and Aligned New 
Shipper Reviews of Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam: Ministerial Error Allegation Memorandum,'' dated 
concurrently with this notice (``Ministerial Error Memo''), which is 
incorporated by reference.

Ministerial Errors

    Section 751(h) of the Tariff Act of 1930, as amended (the ``Act''), 
and 19 CFR 351.224(f) define a ``ministerial error'' as an error ``in 
addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
similar type of unintentional error which the Secretary considers 
ministerial.'' After analyzing interested parties' ministerial error 
comments, we have determined, in accordance with section 751(h) of the 
Act and 19 CFR 351.224(e), that we made the following ministerial 
errors in our calculations for the Final Results: (a) We 
unintentionally mislabeled Anvifish's whole fish usage rate; (b) we 
inadvertently miscalculated Docifish's diesel fuel consumption; and (c) 
we unintentionally included returned sales in Anvifish's and Vinh 
Hoan's margin calculations. For a detailed discussion of all alleged 
ministerial errors, as well as the Department's analysis, see the 
Ministerial Error Memo.
    In accordance with section 751(h) of the Act and 19 CFR 351.224(e), 
we are amending the Final Results of the administrative review of fish 
fillets from Vietnam. The revised weighted-average dumping margins are 
detailed below.

Amended Final Results of the Administrative Review

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

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                           margin (USD/
                                                               kg) \3\
------------------------------------------------------------------------
Vinh Hoan Corporation \4\..................................         0.19
Anvifish Joint Stock Company \5\...........................         2.39
An Giang Agriculture and Food Import-Export Joint Stock             1.29
 Company...................................................
Asia Commerce Fisheries Joint Stock Company................         1.29
Binh An Seafood Joint Stock Company........................         1.29
Cadovimex II Seafood Import-Export and Processing Joint             1.29
 Stock Company.............................................
Hiep Thanh Seafood Joint Stock Company.....................         1.29
Hung Vuong Corporation.....................................         1.29
Nam Viet Corporation.......................................         1.29
NTSF Seafoods Joint Stock Company..........................         1.29
QVD Food Company Ltd. \6\..................................         1.29
Saigon Mekong Fishery Co., Ltd.............................         1.29
Southern Fisheries Industries Company Ltd..................         1.29
Vinh Quang Fisheries Corporation...........................         1.29
Vietnam-Wide Rate \7\......................................     \8\ 2.11
------------------------------------------------------------------------

     
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    \3\ In the third administrative review of the 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, 15480-81 (March 24, 2008).
    \4\ This rate is applicable to the Vinh Hoan Group, which 
includes Vinh Hoan, Van Duc Food Export Joint Company and Van Duc 
Tien Giang. In the sixth review of the order, the Department found 
Vinh Hoan, Van Duc, and VDTG to be a 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 56062, 56068 (September 15, 2010). Because there has been no 
evidence submitted since that review which would call this 
determination into question, 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.
    \5\ Includes the trade name Anvifish Co., Ltd.
    \6\ This rate is also applicable to QVD Dong Thap Food Co., Ltd. 
(``Dong Thap'') and Thuan Hung Co., Ltd. (``THUFICO''). In the 
second review of this order, the Department found QVD Food Company 
Limited, Dong Thap 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).
    \7\ 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.
    \8\ The rate for the Vietnam-wide entity did not change from the 
Final Results.
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Disclosure

    We will disclose the calculations performed for these amended final 
results to interested parties within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and U.S. Customs and Border Protection 
(``CBP'') shall assess, antidumping duties on all appropriate entries 
of subject merchandise in accordance with the amended final results of 
this review. The Department intends to issue appropriate assessment 
instructions directly to CBP 15 days after publication of the amended 
final results of this administrative review and new shipper reviews. 
However, on April 9, 17 and 23, 2013, the U.S. Court of International 
Trade issued preliminary injunctions enjoining liquidation of certain 
entries made during the POR which are subject to the antidumping duty 
order on fish fillets from Vietnam.\9\ Accordingly, the Department will 
not issue assessment instructions to CBP for any entries subject to the 
above-mentioned injunctions after publication of this notice.
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    \9\ See Anvifish Joint Stock Company v. United States, CIT Court 
No. 13-00138, dated April 9, 2013; Vietnam Association of Seafood 
Exporters and Producers v. United States, CIT Court No. 13-141, 
dated April 17, 2013; Binh An Seafood Joint Stock Company v. United 
States, CIT Court No. 13-155, dated April 23, 2013.
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    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-kg) 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).

[[Page 29325]]

Cash Deposit Requirements

    The following cash deposit requirements will be effective 
retroactively on any entries made after March 21, 2013, the date of 
publication of the Final Results, for all shipments of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the publication date of the amended final results of this 
administrative review, 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 amended 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.

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.
    These amended final results are published in accordance with 
sections 751(h) and 777(i)(1) of the Act.

    Dated: May 9, 2013.
Paul Piquado
Assistant Secretary for Import Administration.
[FR Doc. 2013-11965 Filed 5-17-13; 8:45 am]
BILLING CODE 3510-DS-P