[Federal Register Volume 67, Number 157 (Wednesday, August 14, 2002)]
[Notices]
[Pages 52942-52943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20674]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Investigation of Certain Frozen Fish Fillets From the Socialist 
Republic of Vietnam: Opportunity To Comment on Petitioner's Allegation 
That Vietnam Has a Non-Market Economy

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Request for comments.

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SUMMARY: The Department of Commerce is requesting comment on 
Petitioner's

[[Page 52943]]

allegation that Vietnam has a non-market economy.

DATES: August 14, 2002.

FOR FURTHER INFORMATION CONTACT: Shauna Lee-Alaia or George Smolik, 
Office of Policy, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
2097, (202) 482-1843, respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act) are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to the Department of Commerce's 
(``Department's'') regulations are to 19 CFR part 351 et al. (2001).

Background

    On June 28, 2002, the Department of Commerce (``Department'') 
received a petition on imports of certain frozen fish fillets from the 
Socialist Republic of Vietnam (``Vietnam'') filed in proper form by 
Catfish Farmers of America (``CFA'') and the individual U.S. catfish 
processors America's Catch Inc.; Consolidated Catfish Co., L.L.C.; 
Delta Pride Catfish, Inc.; Harvest Select Catfish, Inc.; Heartland 
Catfish Company; Pride of the Pond; Simmons Farm Raised Catfish, Inc.; 
and Southern Pride Catfish Co., Inc., hereinafter referred to 
collectively as ``the petitioners.'' In accordance with section 732(b) 
of the Act, the petitioners alleged that imports of certain frozen fish 
fillets from Vietnam are being, or are likely to be, sold in the United 
States at less than fair value within the meaning of section 731 of the 
Act, and that such imports are materially injuring and threaten to 
injure an industry in the United States. Based upon our examination of 
the petition on frozen fish fillets from Vietnam, we found that the 
petition met the requirements of section 732 of the Act and 
subsequently initiated an antidumping duty investigation on July 18, 
2002.
    Petitioners have also alleged that Vietnam has a non-market 
economy. We are therefore undertaking an analysis of Vietnam's economy 
in the context of the investigation referred to herein. In order to 
provide greater certainty to all parties as this investigation 
proceeds, we intend to carry out this analysis on an expedited basis 
and anticipate that a determination on the market/non-market economy 
status of Vietnam will be issued prior to or concurrent with the 
issuance of the preliminary determination.

Opportunity for Public Comment

    The Department invites public comment on Vietnam's economy in 
regards to the factors listed in section 771(18)(B) of the Act, which 
the Department must take into account when making a non-market economy 
status determination:
    (i) The extent to which the currency of the foreign country is 
convertible into the currency of other countries;
    (ii) The extent to which wage rates in the foreign country are 
determined by free bargaining between labor and management;
    (iii) The extent to which joint ventures or other investments by 
firms of other foreign countries are permitted in the foreign country;
    (iv) The extent of government ownership or control of the means of 
production;
    (v) The extent of government control over allocation of resources 
and over price and output decisions of enterprises; and
    (vi) Such other factors as the administering authority considers 
appropriate.

Comments--Deadline, Format, and Number of Copies

    The deadline for submission of comments will be 21 calender days 
after the date of publication of this notice in the Federal Register. 
All comments should be filed at the Department of Commerce Central 
Records Unit located at the address listed below. Rebuttal comments may 
be submitted up to10 calender days after the date initial comments are 
due.
    Each party submitting comments should include his or her name and 
address, and fully document or support all assertions and claims, using 
the following format: (1) Begin each comment on a separate page; (2) 
concisely state the issue identified and discussed in the comment and 
include any supporting documentation in exhibits or appendices; (3) 
provide a brief summary of the comment (a maximum of 3 sentences) and 
label this section ``summary of comment''; (4) provide an index or 
table of contents; and (5) include the case number A-552-801 in the top 
right hand corner of the submission.
    To simplify the processing and distribution of comments, the 
Department requests that submission of documents in electronic form be 
accompanied by an original and 6 copies in paper form. We require that 
documents filed in electronic form be on DOS formatted 3.5'' diskettes 
and prepared in either WordPerfect 9 format or a format that the Word 
Perfect program can convert and import into WordPerfect 9. Please 
submit comments in separate files on the diskette. Comments received on 
diskette will be made available to the public on the Internet at Import 
Administration's Web site, http://ia.ita.doc.gov. Paper copies will be 
available for reading and photocopying in the Central Records Unit, 
Room B-099, U.S. Department of Commerce, Pennsylvania Avenue and 14th 
Street, NW., Washington, DC 20230. Any questions concerning file 
formatting, document conversion, access on the Internet, or other file 
requirements should be addressed to Andrew Lee Beller, Import 
Administration Webmaster, (202) 482-0866.

Public Hearing

    After reviewing all comments and rebuttal comments, the Department 
will determine if a public hearing on the non-market economy issue is 
warranted, if one is requested in the initial comments on this issue, 
and, if so, will announce a place and time for that hearing, which will 
be held no later than 30 days after the final rebuttal comments are 
due.
    This determination is issued and published in accordance with 
section 771(18)(c)(ii).

    Dated: August 9, 2002.
Bernard T. Carreau,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-20674 Filed 8-13-02; 8:45 am]
BILLING CODE 3510-DS-P