[Federal Register: October 9, 2007 (Volume 72, Number 194)]
[Notices]
[Page 57296-57297]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09oc07-34]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets from the Socialist Republic of
Vietnam: Initiation of Antidumping Duty New Shipper Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: October 9, 2007.
SUMMARY: The Department of Commerce (``Department'') has determined
that two requests for a new shipper review of the antidumping duty
order on certain frozen fish fillets from the Socialist Republic of
Vietnam (``Vietnam''), received on June 15, 2007, and August 29, 2007,
meet the statutory and regulatory requirements for initiation. The
period of review (``POR'') for the two new shipper reviews which the
Department is initiating is August 1, 2006, through July 31, 2007.
FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations,
Office 9, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W.,
Washington, D.C. 20230; telephone: (202) 482-2243.
SUPPLEMENTARY INFORMATION:
Background
The notice announcing the antidumping duty order on certain frozen
fish fillets from Vietnam was published in the Federal Register on
August 12, 2003. See Notice of Antidumping Duty Order: Certain Frozen
Fish Fillets from the Socialist Republic of Vietnam, 68 FR 47909(August
12, 2003).\1\ On June 15, and August 29, 2007, pursuant to 19 CFR
351.214(c), the Department received two new shipper review requests
from Southern Fishery Industries Company, Ltd. (``South Vina'') and
Binh An Seafood Joint Stock Co. (``Binh An''), respectively. South Vina
and Binh An certified that they are both the producer and exporter of
the subject merchandise upon which the request for a new shipper review
is based. The Catfish Farmers of America and individual U.S. catfish
processors (``Petitioners'') did not submit comments with regard to
these two new shipper requests.
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\1\ Therefore, a request for a new shipper review based on the
anniversary month, was due to the Department by the final day of
August 2007. See 19 CFR 351.214(d)(1).
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Pursuant to section 751(a)(2)(B)(i)(I) of the Tariff Act of 1930 as
amended (``the Act''), and 19 CFR 351.214(b)(2)(i), South Vina and Binh
An certified that they did not export certain frozen fish fillets to
the United States during the period of investigation (``POI''). In
addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), South Vina and Binh An certified that, since the
initiation of the investigation, they have never been affiliated with
any Vietnamese exporter or producer who exported certain frozen fish
fillets to the United States during the POI, including those not
individually examined during the investigation. As required by 19 CFR
351.214(b)(2)(iii)(B), South Vina and Binh An also certified that their
export activities were not controlled by the central government of
Vietnam.
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), South Vina and Binh An submitted documentation
establishing the following: (1) the date on which South Vina and Binh
An first shipped certain frozen fish fillets for export to the United
States and the date on which the frozen fish fillets were first
entered, or withdrawn from warehouse, for consumption; (2) the volume
of their first shipment;\2\ and (3) the date of their first sale to an
unaffiliated customer in the United States.
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\2\ South Vina made one subsequent shipment to the United
States, while Binh An made two subsequent shipment during the POR,
which the Department corroborated using data from U.S. Customs and
Border Protection (``CBP'').
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The Department conducted CBP database queries to confirm that South
Vina and Binh An's shipments of subject merchandise had entered the
United States for consumption and that liquidation of such entries had
been
[[Page 57297]]
properly suspended for antidumping duties.
Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR
351.214(d)(1), the Department finds that South Vina and Binh An's
requests meet the threshold requirements for initiation of a new
shipper review for the shipment of certain frozen fish fillets from
Vietnam they produced and exported.
The POR for the two new shipper reviews is August 1, 2006, through
July 31, 2007. See 19 CFR 351.214(g)(1)(ii)(A). The Department intends
to issue the preliminary results of these reviews no later than 180
days from the date of initiation, and final results of these reviews no
later than 270 days from the date of initiation. See section
751(a)(2)(B)(iv) of the Act.
On August 17, 2006, the Pension Protection Act of 2006 (H.R. 4) was
signed into law. Section 1632 of H.R. 4 temporarily suspends the
authority of the Department to instruct CBP to collect a bond or other
security in lieu of a cash deposit in new shipper reviews. Therefore,
the posting of a bond under section 751(a)(2)(B)(iii) of the Act and 19
CFR 351.214(e) in lieu of a cash deposit is not available in this case.
Importers of subject merchandise manufactured and exported by South
Vina and/or Binh An must continue to pay a cash deposit of estimated
antidumping duties on each entry of subject merchandise at the current
Vietnam-wide rate of 63.88 percent.
Interested parties requiring access to proprietary information in
this new shipper review should submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305 and
351.306. This initiation and notice are published in accordance with
section 751(a)(2)(B) of the Act and 19 CFR 351.214 and
351.221(c)(1)(i).
Dated: September 26, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-19826 Filed 10-5-07; 8:45 am]
BILLING CODE 3510-DS-S