[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Notices]
[Pages 48415-48416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19240]


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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 New Shipper Review; 
2011-2012

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is amending 
the final results of a new shipper review of the antidumping duty order 
on certain frozen fish fillets (``fish fillets'') from the Socialist 
Republic of Vietnam (``Vietnam'') to correct a ministerial error.\1\ 
The period of review (``POR'') is August 1, 2011, through January 31, 
2012.
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    \1\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Final Results of Antidumping Duty New Shipper Reviews; 
2011-2012, 78 FR 39708 (July 2, 2013) (``Final Results''), and 
accompanying Issues and Decisions Memorandum (``I&D Memo'').

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DATES: Effective Date: August 8, 2013.

FOR FURTHER INFORMATION CONTACT: Jerry Huang, Seth Isenberg, or Toni 
Dach, AD/CVD Operations, Office 9, Import Administration, International 
Trade Administration, Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4047, (202) 482-0588, and (202) 482-1655, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 25, 2013, the Department disclosed to interested parties 
its calculations for the Final Results.\2\ On July 1, 2013, we received 
ministerial error comments from Petitioners. No other interested party 
submitted comments.
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    \2\ The interested parties include: The Catfish Farmers of 
America, and individual U.S. catfish processors (collectively 
``Petitioners''), 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'').
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Scope of the Order

    For a full description of the products covered by the antidumping 
duty order, see I&D Memo.

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 Petitioners' ministerial error comments, 
we have determined, in accordance with section 751(h) of the Act and 19 
CFR 351.224(e), that we made a ministerial error in our calculation for 
the Final Results. For a detailed discussion of all alleged ministerial 
errors, as well as the Department's analysis, 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, ``Antidumping Duty 
New Shipper Reviews, 2011-2012, of Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam: Ministerial Error Allegation 
Memorandum,'' dated concurrently with this notice.
    In accordance with section 751(h) of the Act and 19 CFR 351.224(e), 
we are amending the Final Results of the new shipper review of fish 
fillets from Vietnam for Hoang Long. The revised weighted-average 
dumping margin for Hoang Long is detailed below. We have

[[Page 48416]]

not revised the weighted-average dumping margins and cash deposit 
requirements for the other companies subject to the Final Results 
because the ministerial error referenced above does not affect the 
calculation of their margins.

Amended Final Results of the New Shipper Review

    The amended weighted-average dumping margin calculated for Hoang 
Long in the new shipper review is as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                                                                 margin
              Exporter                        Producer          (dollars
                                                                  per
                                                               kilogram)
------------------------------------------------------------------------
Hoang Long Seafood Processing Co.,         Hoang Long Seafood   0.83
 Ltd................................      Processing Co., Ltd
------------------------------------------------------------------------

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 new shipper 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. 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 
(i.e., 0.50 percent or more). Where either the respondent's weighted-
average dumping margin is zero or de minimis, or an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries 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 
retroactively on any entries made after July 2, 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 these new 
shipper reviews, as provided for by section 751(a)(2)(C) of the Act: 
(1) For subject merchandise produced and exported by Hoang Long, the 
cash deposit rate will be the rate established in the amended final 
results of this new shipper review; (2) for subject merchandise 
exported by Hoang Long, but not manufactured by Hoang Long, the cash 
deposit rate will continue to be the Vietnam-wide rate (i.e., $2.11/
kilogram); \3\ and (3) for subject merchandise manufactured by Hoang 
Long, but exported by any other party, the cash deposit rate will be 
the rate applicable to the exporter. The cash deposit requirement, when 
imposed, shall remain in effect until further notice.
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    \3\ 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, 17353 (March 21, 
2013).
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Reimbursement of Duties

    This notice also serves as a final 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 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: July 29, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-19240 Filed 8-7-13; 8:45 am]
BILLING CODE 3510-DS-P