[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]
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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'').
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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'').
---------------------------------------------------------------------------
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
------------------------------------------------------------------------
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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