Professional Documents
Culture Documents
Commission will convene at 9 a.m. and possible to publish this notice 15 days Operations, Office 9, Import
adjourn at 12 p.m. on March 23, 2006, in advance of the meeting date. Administration, International Trade
at the Marriott Waikiki Hotel 2552 The meeting will be conducted Administration, U.S. Department of
Kalakaua Avenue. The purpose of the pursuant to the provisions of the rules Commerce, 14th Street and Constitution
meeting is to plan future activities and and regulations of the Commission. Avenue, NW, Washington, DC 20230;
discuss the status of civil right issues Dated at Washington, DC March 15, 2006. telephone: (202) 482–6905 or (202) 482–
and concerns. Ivy L. Davis,
9068, respectively.
Persons desiring additional Acting Chief, Regional Programs SUPPLEMENTARY INFORMATION:
information, or planning a presentation Coordination Unit. Case History
to the Committee, should contact [FR Doc. E6–4053 Filed 3–20–06; 8:45 am]
Thomas V. Pilla, Civil Rights Analyst of The Preliminary Results for this
BILLING CODE 6335–01–P
the Western Regional Office, (213) 894– administrative review were published
3437, (TDD (213) 894–3435). Hearing- on September 13, 2005. Since the
impaired persons who will attend the Preliminary Results, the following
meeting and require the services of a DEPARTMENT OF COMMERCE events have occurred:
sign language interpreter should contact Submission of Final Surrogate Value
International Trade Administration
the regional office at least ten (10) Information
working days before the scheduled date A–552–801
of the meeting. The Commission is On September 30, 2005, Vinh Hoan
implementing new travel and budget Certain Frozen Fish Fillets From the submitted publicly available
procedures and forms; it was not Socialist Republic of Vietnam: Final information to be used in valuing
possible to publish this notice 15 days Results of the First Administrative surrogate factors of production for the
in advance of the meeting date. Review final results. On October 3, 2005, the
The meeting will be conducted Department extended the deadline for
AGENCY: Import Administration, the submission of publicly available
pursuant to the provisions of the rules International Trade Administration,
and regulations of the Commission. information for the final results per
Department of Commerce. Petitioners’1 extension request dated
Dated at Washington, DC March 15, 2006. SUMMARY: On September 13, 2005, the September 30, 2005. On October 17,
Ivy L. Davis, Department of Commerce (the 2005, Petitioners submitted publicly
Acting Chief, Regional Programs ‘‘Department’’) published in the Federal available information for the
Coordination Unit. Register the preliminary results of the Department’s consideration in the final
[FR Doc. E6–4054 Filed 3–20–06; 8:45 am] first administrative review of the results. On October 17, 2005, H&N
BILLING CODE 6335–01–P antidumping duty order on certain Foods International (‘‘H&N’’), an
frozen fish fillets from the Socialist interested party, submitted publicly
Republic of Vietnam (‘‘Vietnam’’). See available information for the final
COMMISSION ON CIVIL RIGHTS Certain Frozen Fish Fillets From the results. On October 27, 2005, Petitioners
Socialist Republic of Vietnam: submitted rebuttal comments to H&N’s
Agenda and Notice of Public Meeting Preliminary Results and Preliminary October 17, 2005, submission of
of the Washington Advisory Partial Rescission of Antidumping Duty publicly available information.
Committee Administrative Review, 70 FR 54007
(September 13, 2005) (‘‘Preliminary Verification
Notice is hereby given, pursuant to
Results’’). We gave interested parties an On September 30, 2005, the
the provisions of the rules and
opportunity to comment on the Department issued verification outlines
regulations of the U.S. Commission on
Preliminary Results. As a result, we to Vinh Hoan and CATACO for the on–
Civil Rights, that a meeting of the
made changes to the dumping margin site verifications scheduled for October
Washington Advisory Committee to the
calculations for the final results. See 10, 2005, through October 14, 2005. On
Commission will convene at 10 a.m. and
Memorandum to the File from Irene October 6, 2005, Petitioners submitted
adjourn at 12 p.m. on March 16, 2006,
Gorelik, Analyst, through Alex pre–verification comments for Vinh
at the Westin Hotel 1900 Fifth Avenue,
Villanueva, Program Manager; Analysis Hoan and CATACO regarding the sales
Seattle, Washington 98101. The purpose
for the Final Results of Certain Frozen and factors of production verifications
of the meeting is to plan future
Fish Fillets from the Socialist Republic scheduled for October 10, 2005, through
activities, conduct a briefing on the
of Vietnam: Vinh Hoan Company Ltd. October 14, 2005. The Department
Washington Assessment of Student
(‘‘Vinh Hoan’’), dated March 13, 2006 conducted its verification of Vinh
Learning (WASL) program, and discuss
(‘‘Vinh Hoan Final Analysis Memo’’); Hoan’s questionnaire responses from
civil right issues.
see also Memorandum to the File from October 10, 2005, through October 14,
Persons desiring additional Javier Barrientos, Analyst, through Alex 2005. The Department began its
information, or planning a presentation Villanueva, Program Manager; Analysis verification of CATACO’s questionnaire
to the Committee, should contact for the Final Results of Certain Frozen responses on October 10, 2005. On
Thomas V. Pilla, Civil Rights Analyst of Fish Fillets from the Socialist Republic October 12, 2005, CATACO terminated
the Western Regional Office, (213) 894– of Vietnam: Can Tho Agricultural and the verification and informed the
3437, (TDD (213) 894–3435). Hearing- Animal Products Import Export Department that it no longer wished to
impaired persons who will attend the Company (‘‘CATACO’’), dated March participate in this administrative
meeting and require the services of a 13, 2006 (‘‘CATACO Final Analysis review. On October 24, 2005, Vinh Hoan
sign language interpreter should contact
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Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Notices 14171
2005. On November 1, 2005, the Review, 70 FR 72294 (December 2, covers all frozen fish fillets meeting the
Department issued its verification report 2005). above specification, regardless of tariff
for CATACO. On November 14, 2005, classification. Although the HTSUS
CATACO Business Proprietary
the Department issued its verification subheading is provided for convenience
Information (‘‘BPI’’)
report for Vinh Hoan. On January 9, and customs purposes, our written
2006, the Department issued a On October 13, 2005, CATACO description of the scope of the order is
memorandum clarifying a statement in formally filed its request for the removal dispositive.
its verification report for CATACO. and/or destruction of its BPI. On
October 21, 2005, Petitioners filed a Analysis of Comments Received
Case Briefs request to deny CATACO’s request to All issues raised in the case and
On October 6, 2005, and November either return or destroy its BPI. On rebuttal briefs by parties to this
10, 2005, the Department extended the January 18, 2006, the Department issued proceeding and to which we have
deadline for the submission of case a memorandum regarding its intention responded are listed in the Appendix to
briefs. On November 15, 2005, the to remove and destroy CATACO’s BPI this notice and addressed in the Issues
Department issued a memorandum documents placed on the record for this and Decision Memorandum (‘‘Final
inviting comments from interested administrative review. On January 23, Decision Memo’’), which is hereby
parties regarding the expected 2006, the Department sent CATACO a adopted by this notice. Parties can find
nonmarket economy wage rate. On letter stating that we removed its BPI a complete discussion of the issues
November 29, 2005, January 6, 2006, submission from the record. raised in this administrative review and
and January 11, 2006, the Department On January 17, 2006, the Department the corresponding recommendations in
further extended the deadline for the placed entry summaries received from this public memorandum which is on
submission of case briefs due to our U.S. Customs and Border Protection file in the Central Records Unit
extension of the final results of this (‘‘CBP’’) on the record. On January 18, (‘‘CRU’’), room B–099 of the main
review. On January 20, 2006, Petitioners 2006, the Department placed certain Department building. In addition, a
filed an extension request for case brief public information from the second copy of the Final Decision Memo can be
submissions concerning CATACO. On administrative review of certain frozen accessed directly on our Web site at
January 20, 2006, the Department fish fillets from Vietnam on the record http://ia.ita.doc.gov/. The paper copy
granted Petitioners’ limited extension of this proceeding. and electronic version of the Final
request. On January 24, 2006, Decision Memo are identical in content.
Scope of the Order
Petitioners, Vinh Hoan and H&N Verification
submitted case briefs concerning Vinh The product covered by this order is
Hoan. On January 27, 2006, Petitioners frozen fish fillets, including regular, As provided in section 782(i) of the of
submitted case briefs concerning shank, and strip fillets and portions the Tariff Act, as Amended (‘‘the Act’’),
CATACO. On February 3, 2006, thereof, whether or not breaded or we conducted verification of the
Petitioners, Vinh Hoan, and H&N marinated, of the species Pangasius information submitted by Vinh Hoan
submitted rebuttal briefs concerning Bocourti, Pangasius Hypophthalmus and CATACO for use in our final
both respondents. In its February 3, (also known as Pangasius Pangasius), results. See Memorandum to the File,
2006, rebuttal brief, Vinh Hoan stated and Pangasius Micronemus. Frozen fish through, Alex Villanueva, Program
that Petitioners included new fillets are lengthwise cuts of whole fish. Manager, AD/CVD Operations, Office 9,
information in their January 24, 2005, The fillet products covered by the scope from, Irene Gorelik, Case Analyst, AD/
case brief concerning Vinh Hoan. On include boneless fillets with the belly CVD Operations, Office 9, RE:
February 9, 2005, the Department flap intact (‘‘regular’’ fillets), boneless Verification of Sales and Factors of
notified Petitioners that they must fillets with the belly flap removed Production for Vinh Hoan Company
remove the new information from their (‘‘shank’’ fillets), boneless shank fillets Ltd. (‘‘Vinh Hoan’’) (November 14,
January 24, 2006, case brief concerning cut into strips (‘‘fillet strips/finger’’), 2005) (‘‘Vinh Hoan Verification
Vinh Hoan. On February 10, 2006, which include fillets cut into strips, Report’’); see also Memorandum to the
Petitioners resubmitted their case brief chunks, blocks, skewers, or any other File from Alex Villanueva, Program
concerning Vinh Hoan absent the shape. Specifically excluded from the Manager, Verification of Sales and
unsolicited and untimely new scope are frozen whole fish (whether or Factors of Production for Can Tho
information included in their January not dressed), frozen steaks, and frozen Agricultural and Animal Products
24, 2006, case brief. belly–flap nuggets. Frozen whole Import Export Company (‘‘CATACO’’) in
dressed fish are deheaded, skinned, and the First Administrative Review of
Hearing eviscerated. Steaks are bone–in, cross- Certain Frozen Fish Fillets from the
section cuts of dressed fish. Nuggets are Socialist Republic of Vietnam
On October 13, 2005, Petitioners
the belly–flaps. The subject (November 1, 2005) (‘‘CATACO
submitted a request for a public hearing.
merchandise will be hereinafter referred Verification Report’’) and Memorandum
On January 20, 2005, Petitioners
to as frozen ‘‘basa’’ and ‘‘tra’’ fillets, to the File from Alex Villanueva,
withdrew their October 13, 2005,
which are the Vietnamese common Program Manager, Certain Frozen Fish
request for a public hearing.
names for these species of fish. These Fillets from the Socialist Republic of
Extension of the Final Results products are classifiable under tariff Vietnam: Verification Report Correction
article code 0304.20.60.33 (Frozen Fish (January 9, 2006) (‘‘CATACO
On December 2, 2005, the Department
Fillets of the species Pangasius Verification Report Correction’’). For
extended the time limit for completion
including basa and tra) of the both companies, we used standard
of the final results of the instant
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14172 Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Notices
production records, as well as original ability to comply with a request for reimbursement is necessarily exporter–
source documents provided by the information,’’ the Department may use importer specific, and is treated as a
Respondents. information that is adverse to the unique adjustment. Moreover, as we are
As stated above, the Department interests of that party as facts otherwise applying AFA in this instance, the
began verification of CATACO’s sales available. Adverse inferences are reimbursement adjustment is exogenous
and factors of production on October 10, appropriate ‘‘to ensure that the party to the normal calculation of the
2005. On October 12, 2005, CATACO does not obtain a more favorable result dumping margin. In order to properly
terminated the verification prior to its by failing to cooperate than if it had account for CATACO’s reimbursement
scheduled completion. See CATACO cooperated fully.’’ See Statement of activities, the Department will adjust
Verification Report. See also CATACO Administrative Action (‘‘SAA’’) CATACO’s cash deposit and assessment
Verification Report Correction. accompanying the URAA, H.R. Doc. No. rates, but not apply the adjustment to
Changes Since the Preliminary Results 316, 103d Cong., 2d Session at 870 the rest of the Vietnam–Wide Entity. In
(1994). An adverse inference may this unique situation in which CATACO
Based on a review of the record as include reliance on information derived terminated verification and where we
well as comments received from parties from the petition, the final also found reimbursement of
regarding our Preliminary Results, we determination in the investigation, any antidumping duties, it is appropriate to
have made revisions to the margin previous review, or any other assign CATACO a rate inclusive of the
calculations for the final results. information placed on the record. See Vietnam–Wide Entity rate and the
Specific changes to Vinh Hoan’s margin section 776(b) of the Act. reimbursement adjustment.3
calculation include a revision of the Consequently, the cash deposit rate
inflator used for truck freight, a In accordance with sections
776(a)(2)(C) and (D) of the Act, the assigned to CATACO for these final
recalculation of labor and electricity results is 80.88 percent.4 See CATACO
reported for byproduct production as a Department finds that applying facts
available is warranted for CATACO Final Analysis Memo at 2–3. See also
result of verification findings, an update Final Decision Memo at Comments 1
to the margin program language merging because CATACO terminated
verification and withdrew its BPI from and 2.
Vinh Hoan’s sales and factors of
production datasets, and other changes the record of the instant proceeding, Phan Quan Company (‘‘Phan Quan’’)
resulting from our decisions in thereby significantly impeding this In the Preliminary Results, the
Comments 5 and 6 of the Final Decision proceeding and rendering the Department assigned total AFA to the
Memo. See Vinh Hoan Final Analysis information submitted unverifiable. For Vietnam–Wide Entity, including Phan
Memo. See also Memorandum from the final results, pursuant to section Quan. The Department did not receive
Irene Gorelik, Case Analyst, through 776(a)(1) of the Act, we are applying any comments regarding the Vietnam–
Alex Villanueva, Program Manager, facts otherwise available to CATACO Wide Entity or Phan Quan. Therefore,
Office 9 and James C. Doyle, Office because the necessary information is not for the final results, we continue to
Director, Office 9, to The File, available on the record. Furthermore, apply AFA to the Vietnam–Wide Entity
Antidumping Duty Administrative pursuant to section 776(b) of the Act, and to treat Phan Quan as part of the
Review of Certain Frozen Fish Fillets the Department has determined that Vietnam–Wide Entity.
from the Socialist Republic of Vietnam CATACO did not cooperate to the best
of its ability to comply with the Final Results of Review
(‘‘Vietnam’’): Surrogate Values for the
Final Results, dated March 13, 2006 Department’s requests for information The weighted–average dumping margins
(‘‘Final Factors Memo’’). CATACO’s during the verification. Therefore, for the POR are as follows:
margin calculation changes are pursuant to section 776(b) of the Act, for
addressed in Comment 2 of the Final the final results, we will apply facts Manufacturer/Exporter Weighted–Average
available with an adverse inference, in Margin (Percent)
Decision Memo. A full discussion of the
calculation methodology is described in selecting from among the facts Vinh Hoan ..................... 6.81
CATACO’s analysis memorandum. See otherwise available, to CATACO CATACO ....................... 80.88
CATACO Final Analysis Memo at 1. because it failed to cooperate to the best Vietnam–Wide Entity5 ... 63.88
of its ability when it terminated 5 The Vietnam-wide Entity includes Phan
Adverse Facts Available verification. We find that for cash
Quan.
Section 776(a)(2) of the Act provides deposit purposes the Department must
that if an interested party: (A) take into account the reimbursement Assessment
Withholds information that has been findings at verification and assign The Department will determine, and
requested by the Department; (B) fails to CATACO an individual rate for future the U.S. Customs and Border Protection
provide such information in a timely entries because it would be (‘‘CBP’’) shall assess, antidumping
manner or in the form or manner inappropriate to apply the duties on all appropriate entries,
requested, subject to subsections reimbursement finding to all exporters pursuant to 19 CFR 351.212(b). We have
782(c)(1) and (e) of the Act; (C) that are part of the Vietnam–Wide calculated importer–specific duty
significantly impedes a determination Entity. While it would be consistent assessment rates on the basis of the ratio
under the antidumping statute; or (D) with the Department’s normal practice
provides such information but the for CATACO to be subject to the same 3 As part of the adverse inference, the
information cannot be verified, the rate as all other exporters that are part Department’s finding of reimbursement will be
Department shall, subject to subsection of the Vietnam–Wide Entity because it applied to all of CATACO’s importers for cash
deposit and assessment purposes. See CATACO
782(d) of the Act, use facts otherwise failed to cooperate to the best of its Final Analysis Memo at 2-3.
available in reaching the applicable ability and withdrew from the
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determination. proceeding, the Department’s additional rate of 63.88 percent component of the 80.88
Further, section 776(b) of the Act finding that CATACO agreed to percent in the Preliminary Results. No interested
party commented on the Department’s
provides that, if the Department finds reimburse antidumping duties warrants corroboration of this rate, thus the Vietnam-wide
that an interested party ‘‘has failed to a different result under these unusual rate of 63.88 percent remains unchanged for the
cooperate by not acting to the best of its circumstances. A finding of final results.
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Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Notices 14173
Analysis Memo. These deposit BILLING CODE 3510–DS–S Section 751(a)(2)(B)(iv) of the Tariff
requirements, when imposed, shall Act of 1930, as amended (‘‘the Act’’),
remain in effect until publication of the and 19 CFR 351.214(i)(1) require the
final results of the next administrative Department to issue the preliminary
review. results of a new shipper review within
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