[Federal Register Volume 79, Number 127 (Wednesday, July 2, 2014)]
[Notices]
[Pages 37714-37715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15559]


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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; 2011-2012

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is amending 
the final results of the ninth administrative review 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, 2011, through July 31, 2012.
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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 Review; 2011-2012, 79 FR 19053 (April 7, 2014) 
(``Final Results'').

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DATES: Effective Date: July 2, 2014.

FOR FURTHER INFORMATION CONTACT: Paul Walker (Hung Vuong Group) or 
Julia Hancock (Vinh Hoan), AD/CVD Operations, Office V, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW., Washington, DC 
20230; telephone 202-482-0413 or 202-482-1394, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 2, 2014 the Department disclosed to interested parties its 
calculations for the Final Results. On April 7, 2014 we received 
ministerial error comments from Vinh Hoan Corporation and the Hung 
Vuong Group (``HVG''). On April 29, 2014 Vinh Hoan submitted an 
additional ministerial error comment, which was rejected as it was an 
untimely submission.\2\
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    \2\ See the Department's letter to Vinh Hoan Corporation, 
``Ninth Administrative Review of Certain Frozen Fish Fillets from 
the Socialist Republic of Vietnam: Alleged Untimely Ministerial 
Error Submission,'' dated April 30, 2014.
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Scope of the Order

    For a full description of the products covered by the antidumping 
duty order, see the Memorandum to Paul Piquado, Assistant Secretary, 
Enforcement and Compliance, from Gary Taverman, Senior Advisor, ``Ninth 
Administrative Review of Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam: Ministerial Error Allegations Memorandum,'' dated 
concurrently with and hereby adopted by this notice (``Ministerial 
Error 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 the ministerial error comments, we 
determine, 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 inadvertently miscalculated 
a portion of HVG's international freight; and (b) we inadvertently 
miscalculated Vinh Hoan Corporation's fish oil by-product offset. For a 
detailed discussion of these ministerial errors, as well as the 
Department's analysis, see the Ministerial Error Memo.\3\
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    \3\ The correction of these ministerial errors will not affect 
the final results with respect to new shipper Golden Quality Seafood 
Corporation. See Ministerial Error Memo.
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    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.
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    \4\ 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).
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Amended Final Results of the Administrative Review

    The amended weighted-average dumping margins for the administrative 
review are as follows:
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    \5\ This rate is applicable to the Vinh Hoan Group which 
includes: Vinh Hoan, Van Duc, and VDTG. In the sixth administrative 
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).
    \6\ This rate is applicable to the Hung Vuong Group, which 
includes: An Giang Fisheries Import and Export Joint Stock Company, 
Asia Pangasius Company Limited, Europe Joint Stock Company, Hung 
Vuong Joint Stock Company, Hung Vuong Mascato Company Limited, Hung 
Vuong--Vinh Long Co., Ltd., and Hung Vuong--Sa Dec Co., Ltd.
    \7\ Includes the trade name Anvifish Co., Ltd. and Anvifish JSC.

 
------------------------------------------------------------------------
                                                             Weighted-
                                                          average margin
                        Exporter                             (dollars/
                                                             kilogram
                                                           (``kg'')) \4\
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Vinh Hoan Corporation \5\...............................            0.00
Hung Vuong Group \6\....................................            1.20
An My Fish Joint Stock Company..........................            1.20
Anvifish Joint Stock Company \7\........................            1.20
Asia Commerce Fisheries Joint Stock Company.............            1.20
Binh An Seafood Joint Stock Company.....................            1.20
Cadovimex II Seafood Import-Export and Processing Joint             1.20
 Stock Company..........................................
Cantho Import-Export Seafood Joint Stock Company........            1.20
Cuu Long Fish Import-Export Corporation \8\.............            1.20
Cuu Long Fish Joint Stock Company.......................            1.20
East Sea Seafoods Limited Liability Company \9\.........            1.20
Green Farms Seafood Joint Stock Company.................            1.20
Hiep Thanh Seafood Joint Stock Company..................            1.20
Hoa Phat Seafood Import-Export and Processing JSC.......            1.20
International Development & Investment Corporation......            1.20
NTSF Seafoods Joint Stock Company.......................            1.20
QVD Food Company Ltd. \10\..............................            1.20
Saigon Mekong Fishery Co., Ltd..........................            1.20

[[Page 37715]]

 
Seafood Joint Stock Company No.4 Branch Dongtam                     1.20
 Fisheries Processing Company...........................
Southern Fishery Industries Company Ltd.................            1.20
Sunrise Corporation.....................................            1.20
Thien Ma Seafood Co., Ltd...............................            1.20
To Chau Joint Stock Company.............................            1.20
Viet Phu Food & Fish Corporation........................            1.20
Vinh Quang Fisheries Corporation........................            1.20
Vietnam-Wide Rate \11\..................................            2.11
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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).
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    \8\ Includes the trade name CL Panga Fish.
    \9\ Includes the trade names East Sea Seafoods LLC and ESS.
    \10\ 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).
    \11\ The Vietnam-wide rate includes the following companies 
which are under review, but which did not submit a separate rate 
application or certification: East Sea Seafood Co., Ltd., East Sea 
Seafoods Joint Venture Co., Ltd., Hung Vuong Seafood Joint Stock 
Company, Nam Viet Company Limited, and Vinh Hoan Company Ltd.
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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.
    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 kg 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 are effective as of April 
7, 2014, the date of publication of the Final Results, for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption, as provided for by section 751(a)(2)(C) of 
the Act: (1) The cash deposit rate for the exporters listed above are 
the rates established in the amended final results of review; (2) for 
previously investigated or reviewed Vietnamese and non-Vietnamese 
exporters not listed in the Final Results or these amended final 
results 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 were not 
found to be entitled to a separate rate in the Final Results or these 
amended final results, the cash deposit rate will be the Vietnam-wide 
rate of 2.11 U.S. dollars/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. These deposit requirements 
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 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, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-15559 Filed 7-1-14; 8:45 am]
BILLING CODE 3510-DS-P