[Federal Register Volume 68, Number 155 (Tuesday, August 12, 2003)]
[Notices]
[Pages 47909-47910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20509]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Notice of Antidumping Duty Order: Certain Frozen Fish Fillets 
from the Socialist Republic of Vietnam

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

ACTION: Notice of Antidumping Duty Order.

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EFFECTIVE DATE: August 12, 2003

FOR FURTHER INFORMATION CONTACT: Joe Welton, Alex Villanueva, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; 
telephone: (202) 482-0165, 482-3208, respectively.

SUPPLEMENTARY INFORMATION:

Scope Of Investigation

    For purposes of this investigation, the product covered is frozen 
fish fillets, including regular, shank, and strip fillets and portions 
thereof, whether or not breaded or marinated, of the species Pangasius 
Bocourti, Pangasius Hypophthalmus (also known as Pangasius Pangasius), 
and Pangasius Micronemus. Frozen fish fillets are lengthwise cuts of 
whole fish. The fillet products covered by the scope include boneless 
fillets with the belly flap intact (``regular'' fillets), boneless 
fillets with the belly flap removed (``shank'' fillets), boneless shank 
fillets cut into strips (``fillet strips/finger''), which include 
fillets cut into strips, chunks, blocks, skewers, or any other shape. 
Specifically excluded from the scope are frozen whole fish (whether or 
not dressed), frozen steaks, and frozen belly-flap nuggets. Frozen 
whole dressed fish are deheaded, skinned, and eviscerated. Steaks are 
bone-in, cross-section cuts of dressed fish. Nuggets are the belly-
flaps.
    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 0304.20.60.30 (Frozen Catfish Fillets), 0304.20.60.96 
(Frozen Fish Fillets, NESOI), 0304.20.60.43 (Frozen Freshwater Fish 
Fillets) and 0304.20.60.57 (Frozen Sole Fillets) of the Harmonized 
Tariff Schedule of the United States (``HTSUS''). This investigation 
covers all frozen fish fillets meeting the above specification, 
regardless of tariff classification. Although the HTSUS subheadings are 
provided for convenience and customs purposes, our written description 
of the scope of this proceeding is dispositive.

Background

    In accordance with section 735(a) of the Tariff Act, the Department 
made its final determination that certain frozen fish fillets from the 
Socialist Republic of Vietnam (``Vietnam'') are being sold at less than 
fair value. See Notice of Final Antidumping Duty Determination of Sales 
at Less Than Fair Value and Affirmative Critical Circumstances: Certain 
Frozen Fish Fillets from the Socialist Republic of Vietnam(``Final 
Determination'') 68 FR 37116 (June 23, 2003). We received ministerial 
error allegations from respondents and petitioners and upon 
consideration of these allegations, we amended the Final Determination. 
See Notice of Amended Final Antidumping Duty Determination of Sales at 
Less Than Fair Value: Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam (``Amended Final Determination'') 68 FR 43713 (July 
24, 2003).

Antidumping Duty Order

    On August 6, 2003, the International Trade Commission (``the 
Commission'') notified the Department of its final determination 
pursuant to section 735(b)(1)(A)(e) of the Tariff Act that an industry 
in the United States is materially injured by reason of less-than-fair-
value imports of subject merchandise from Vietnam. In addition, the ITC 
notified the Department of its final determination that critical 
circumstances do not exist with respect to imports of subject 
merchandise from Vietnam that are subject to the Department's 
affirmative critical circumstances finding. Therefore, in accordance 
with section 736(a)(1) of the Act, the Department will direct U.S. 
Bureau of Customs and Border Protection (``Customs'') to assess, upon 
further advice by the Department, antidumping duties equal to the 
amount by which the normal value of the merchandise exceeds the export 
price of the merchandise for all relevant entries of certain frozen 
fish fillets from Vietnam. These antidumping duties will be assessed on 
all unliquidated entries of certain frozen fish fillets from Vietnam 
entered, or withdrawn from the warehouse, for consumption on or after 
January 31, 2003, the date on which the Department published the Notice 
of Preliminary Determination of Sales at Less Than Fair Value, 
Affirmative Preliminary Determination of Critical Circumstances and 
Postponement of Final Determination: Certain Frozen Fish Fillets From 
the Socialist Republic of Vietnam (``Preliminary Determination''), 68 
FR 4986.
    With regard to the ITC negative critical circumstances 
determination, we will instruct Customs to lift suspension and to 
release any bond or other security, and refund any cash deposit made, 
to secure the payment of antidumping duties with respect to entries of 
the merchandise entered, or withdrawn from warehouse, for consumption 
on or after November 2, 2002, but before January 31, 2003. November 2, 
2002 is 90 days prior to January 31, 2003, the date of publication of 
the Department's preliminary determination in the Federal Register.
    Customs must require, at the same time as importers would normally 
deposit estimated duties on this merchandise, a cash deposit equal to 
the estimated weighted-average antidumping duty margins as noted below. 
The ``Vietnam-Wide'' rates apply to all exporters of subject 
merchandise not specifically listed. The weighted-average dumping 
margins are as follows:

[[Page 47910]]



------------------------------------------------------------------------
                Certain Frozen Fish Fillets from Vietnam
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   Producer/Manufacturer/Exporter           Weighted-Average Margin
------------------------------------------------------------------------
Agifish.............................                               47.05
Vinh Hoan...........................                               36.84
Nam Viet............................                               53.68
CATACO..............................                               45.81
Afiex...............................                               45.55
CAFATEX.............................                               45.55
Da Nang.............................                               45.55
Mekonimex...........................                               45.55
QVD.................................                               45.55
Viet Hai............................                               45.55
Vinh Long...........................                               45.55
Vietnam-Wide........................                               63.88
------------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to 
certain frozen fish fillets from Vietnam. Interested parties may 
contact the Department's Central Records Unit, Room B-099 of the main 
Commerce building, for copies of an updated list of antidumping duty 
orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 C.F.R. 351.211.

    Dated: July 31, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Grant Aldonas, Under Secretary.
[FR Doc. 03-20509 Filed 8-11-03; 8:45 am]
BILLING CODE 3510-DS-S