Import Administration, International Trade Administration, Department of Commerce.
The Department of Commerce (“Department”) is conducting two new shipper reviews of the antidumping duty order on certain frozen fish fillets from the Socialist Republic of Vietnam (“Vietnam”). See Notice of Antidumping Duty Order: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 68 FR 47909 (August 12, 2003) (“Order”). These new shipper reviews include Hiep Thanh Seafood Joint Stock Company (“Hiep Thanh”) and Asia Commerce Fisheries Joint Stock Company (“Acomfish”) (collectively, “Respondents”). Based upon our analysis of the comments and information received, we made changes to the dumping margin calculations for the final results. See Memorandum to the File from Alan Ray, Case Analyst, through Alex Villanueva, Program Manager, Final Results Analysis for Hiep Thanh Seafood Joint Stock Company (“Hiep Thanh”) (June 15, 2009); and Memorandum to the File from Emeka Chukwudebe, Case Analyst, through Alex Villanueva, Program Manager, Final Results Analysis for Asia Commerce Fisheries Joint Stock Company (“Acomfish”) (June 15, 2009). The final dumping margins are listed below in the section entitled “Final Results of the Reviews.”
June 22, 2009.
Alan Ray or Emeka Chukwudebe, 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) 482–5403 and (202) 482–0219, respectively.
On January 28, 2009, the Department published in the
On April 21, 2009, the Department published the extension of the time limit for completion of the final results of these new shipper reviews by 60 days.
On March 11, 2009, the Department placed additional information on the record. Catfish Farmers of America and individual U.S. catfish processors (“Petitioners”) and Respondents submitted comments and rebuttal comments regarding this additional information on March 25, 2009 and April 6, 2009, respectively. On April 20, 2009, Petitioners and Respondents submitted case briefs, and on April 27, 2009, Petitioners and Respondents submitted rebuttal briefs. On June 2, 2009, the Department allowed Respondents to comment on a revised fish size calculation placed on the record by Petitioners. On June 4, 2009, Respondents submitted comments. On June 10, 2009, Petitioners requested that the Respondents' June 4, 2009, comments be removed from the record.
The product covered by the order is frozen fish fillets, including regular, shank, and strip fillets and portions thereof, whether or not breaded or marinated, of the species P
The subject merchandise will be hereinafter referred to as frozen “basa” and “tra” fillets, which are the Vietnamese common names for these species of fish. These products are classifiable under tariff article codes 1604.19.4000, 1604.19.5000, 0305.59.4000, 0304.29.6033 (Frozen Fish Fillets of the species Pangasius including basa and tra) of the Harmonized Tariff Schedule of the United States (“HTSUS”).
All issues raised in the case and rebuttal briefs by parties to this proceeding and to which we have responded are listed in the Appendix to this notice and addressed in the Issues and Decision Memorandum (“Final Decision Memo”), which is hereby adopted by this notice. Parties can find a complete discussion of the issues raised in these new shipper reviews and the corresponding recommendations in this public memorandum which is on file in the Central Records Unit
Based on a review of the record as well as comments received from parties regarding our
The weighted-average dumping margins for the POR are as follows:
The Department will determine, and U.S. Customs and Border Protection (“CBP”) shall assess, antidumping duties on all appropriate entries, pursuant to 19 CFR 351.212(b). We have calculated importer–specific duty assessment rates on a per-unit basis. Specifically, we divided the total dumping margins (calculated as the difference between normal value and export price or constructed export price) for each importer by the total quantity of subject merchandise sold to that importer during the POR to calculate a per-unit assessment amount. In this and future reviews, we will direct CBP to assess importer–specific assessment rates based on the resulting per-unit (
The following cash deposit requirements will be effective upon publication of these final results of these new shipper reviews for all shipments of subject merchandise by Hiep Thanh and Acomfish, entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended (“Act”): (1) for subject merchandise produced and exported by Hiep Thanh, the cash deposit rate will be the percent listed above, or the equivalent per–unit rate, for subject merchandise produced and exported by Acomfish, the cash deposit rate will be zero; (2) for subject merchandise exported by Hiep Thanh or Acomfish, but not manufactured by Hiep Thanh or Acomfish, the cash deposit rate will continue to be the Vietnam-wide rate of 63.88 percent; and (3) for subject merchandise manufactured by Hiep Thanh or Acomfish, but exported by any party other than Hiep Thanh or Acomfish, the cash deposit rate will be the rate applicable to the exporter. These cash deposit requirements will remain in effect until further notice.
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.
This notice also serves as a reminder to parties subject to administrative protective orders (“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/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 this determination in accordance with sections 751(a)(2)(B) and 777(i) of the Act, and 19 CFR 351.214(h) and 351.221(b)(5).