[Federal Register Volume 71, Number 35 (Wednesday, February 22, 2006)]
[Notices]
[Pages 9086-9090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2510]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Circumvention and Scope Inquiries on the Antidumping Duty Order 
on Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: 
Partial Affirmative Preliminary Determination of Circumvention of the 
Antidumping Duty Order, Partial Preliminary Termination of 
Circumvention Inquiry, Preliminary Rescission of Scope Inquiry and 
Extension of Final Determination.

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

ACTION: Notice of Preliminary Determination of Circumvention of 
Antidumping Duty Order and Rescission of Scope Inquiry.

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PRELIMINARY DETERMINATION

    We preliminarily determine that frozen fish fillets produced by 
Lian Heng Trading Co. Ltd. (``Lian Heng Trading'') and Lian Heng 
Investment Co. Ltd. (``Lian Heng Investment'') (collectively, ``Lian 
Heng''),\1\ are circumventing the antidumping duty

[[Page 9087]]

order on frozen fish fillets from the Socialist Republic of Vietnam 
(``Vietnam''), as provided in section 781(b) of the Tariff Act of 1930, 
as amended (``the Act''). See Notice of Antidumping Duty Order: Certain 
Frozen Fish Fillets from the Socialist Republic of Vietnam, 68 FR 47909 
(August 12, 2003) (``Order''). We are also terminating the 
circumvention inquiry with respect to L.S.H. (Cambodia) Pte. Ltd. 
(``L.S.H.''), and Sun Wah Fisheries Co. Ltd. (``Sun Wah''), and 
preliminarily rescinding the concurrently initiated scope inquiry.
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    \1\ Lian Heng Trading and Lian Heng Investment are two separate 
entities. However, the two companies share the same Chairman and 
Chief Executive Officer, and both companies have exported subject 
merchandise to the United States.

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EFFECTIVE DATE: February 22, 2006.

FOR FURTHER INFORMATION CONTACT: Kit L. Rudd or Alex Villanueva, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC, 
20230; telephone: (202) 482-1385 and (202) 482-3208, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 12, 2004, pursuant to 19 CFR 351.225(c), the Department 
received a request from Piazza Seafood World LLC (``Piazza'') for a 
scope ruling on whether certain basa and tra fillets from Cambodia made 
from Vietnamese origin basa or tra fish are excluded from the 
antidumping duty order on certain frozen fish fillets from Vietnam. The 
scope of the order on frozen fish fillets from Vietnam includes fillets 
only of the following species: Pangasius Bocourti, Pangasius 
Hypophthalmus (also known as Pangasius Pangasius), and Pangasius 
Micronemus,\2\ and does not include unprocessed fish of these species. 
On June 9, 2004, the Department issued a supplemental questionnaire to 
Piazza requesting additional information pertaining to its scope 
request. On July 7, 2004, the Department received Piazza's response to 
this supplemental questionnaire. On July 23, 2004, the Catfish Farmers 
of America and certain individual U.S. catfish processors 
(collectively, ``Petitioners'') commented on Piazza's May 12, 2004, and 
July 7, 2004, submissions. On August 20, 2004, Petitioners requested 
that the Department initiate a circumvention inquiry pursuant to 
section 781(b) of the Act to determine whether imports of frozen fish 
fillets from Cambodia made from Vietnamese origin basa or tra fish are 
circumventing the antidumping duty order on certain frozen fish fillets 
from Vietnam. On October 19, 2004, Piazza submitted additional 
information supplementing its July 7, 2004, response.
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    \2\ Whole fish of these species will be hereinafter referred to 
as ``basa'' and ``tra'' fish, which are the Vietnamese common names 
for these species of fish. Likewise, frozen fish fillets produced 
from these species shall be referred to as frozen ``basa'' or 
``tra'' fillets.
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    With regard to their August 20, 2004, circumvention inquiry 
request, Petitioners alleged that the processing in and exporting from 
Cambodia of frozen fish fillets of the species Pangasius Bocourti, 
Pangasius Hypophthalmus (also known as Pangasius Pangasius), and 
Pangasius Micronemus produced from Vietnamese-origin fish of the same 
species constitutes circumvention of the antidumping duty order on 
certain frozen fish fillets from Vietnam. On October 20, 2004, Piazza 
submitted comments on Petitioners' August 20, 2004, request for a 
circumvention inquiry.
    On October 22, 2004, the Department initiated concurrent 
circumvention and scope inquiries on imports of frozen fish fillets 
from Cambodia. See Certain Frozen Fish Fillets From The Socialist 
Republic of Vietnam: Initiation of Anticircumvention Inquiry and Scope 
Inquiry, 69 FR 63507 (November 2, 2004) (``Initiation''). In the 
Initiation, the Department stated that it would focus its analysis of 
the significance of the production process in Cambodia on the single 
processor identified by Petitioners in their August 20, 2004, 
circumvention request.\3\ The Department, however, provided interested 
parties an additional 45 days from the date of initiation of the 
inquiry to present the Department with sufficient evidence that other 
Cambodian processors were involved in processing Vietnamese-origin fish 
into frozen fish fillets for export to the United States.
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    \3\ Lian Heng was the single processor identified by Petitioners 
in their August 20, 2004 circumvention request.
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    On November 29, 2004, Piazza submitted comments on the Initiation. 
On November 30, 2004, Petitioners submitted comments on the 
Initiation.\4\ On December 6, 2004, Piazza submitted rebuttal comments 
to Petitioners' November 30, 2004, comments. On December 6, 2004, 
Petitioners submitted rebuttal comments to Piazza's November 29, 2004, 
comments\5\ and factual information identifying Lian Heng, Sun Wah, 
L.S.H and the Kampuchea Fish Import and Export Company (``KAMFIMEX'') 
as Cambodian fish fillet exporters potentially involved in the 
processing of Vietnamese-origin fish.
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    \4\ On December 9, 2004, Piazza submitted a clarification of its 
November 29, 2004, submission.
    \5\ On December 7, 2004, Petitioners resubmitted its December 6, 
2004, rebuttal comments.
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Questionnaires and Verification of Responses

    On January 31, 2005, the Department issued questionnaires to Lian 
Heng, Sun Wah and L.S.H\6\ soliciting information regarding their 
frozen fish fillet production and exports to the United States. On 
March 10, 2005, the Department reissued its January 31, 2005, 
questionnaire to L.S.H. with a revised response deadline of March 24, 
2005.
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    \6\ The Department did not issue a questionnaire to KAMFIMEX 
because the Department had information indicating that KAMFIMEX did 
not actually produce fish fillets, but was rather a reseller of fish 
to licensed export agents or processing plants. See Memorandum to 
the File dated March 9, 2005.
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    On February 18, 2005, the Department received Sun Wah's 
questionnaire response. On March 10, 2005, the Department issued a 
letter to Sun Wah requesting that it submit a clarification to its 
February 18, 2005, questionnaire response by March 17, 2005. On March 
12, 2005, Sun Wah submitted a response to the Department's March 10, 
2005 letter. On June 7, 2005, and June 21, 2005, the Department issued 
letters notifying Sun Wah of the Department's intention to verify its 
February 18, 2005, and March 10, 2005, questionnaire responses.
    On March 8, 2005, the Department received Lian Heng's questionnaire 
response. On March 30, 2005, Petitioners submitted comments to the 
Department regarding Lian Heng's March 8, 2005, questionnaire response. 
On April 20, 2005, the Department issued a supplemental questionnaire 
to Lian Heng. On May 10, 2005, the Department granted Lian Heng an 
extension of time to May 18, 2005, to respond to its April 20, 2005, 
supplemental questionnaire and also issued an additional supplemental 
questionnaire to Lian Heng. On May 18, 2005, the Department received 
Lian Heng's response to the Department's April 20, 2005, and April 29, 
2005, questionnaires. On June 6, 2005, Lian Heng submitted financial 
statements for Lian Heng Trading and Lian Heng Investment.
    On June 10, 2005, the Department issued a supplemental 
questionnaire to Lian Heng. On June 22, 2005, the Department issued a 
letter to Lian Heng requesting it submit sales and cost reconciliations 
for Lian Heng Trading and Lian Heng Investment. On June 29, 2005, the 
Department issued its verification outline to Lian Heng. On July 1, 
2005, Lian Heng submitted its supplemental response to the Department's 
June 10, 2005, supplemental questionnaire. On July 5,

[[Page 9088]]

2005, Lian Heng submitted its sales and cost reconciliations, tax 
returns and documentation supporting its value-added calculations. On 
July 6, 2005, Lian Heng submitted translated tax returns for Lian Heng 
Trading and Lian Heng Investment. On July 7, 2005, Petitioners 
submitted pre-verification comments for Lian Heng. On July 19, 2005, 
Lian Heng submitted its pre-verification corrections.
    From July 12 through July 15, 2005, the Department conducted 
verification of Lian Heng's questionnaire responses at the production 
facilities and offices of Lian Heng Trading in Phnom Penh, Cambodia. On 
July 15, 2005, Lian Heng company officials terminated the verification 
prior to its scheduled completion.\7\ See Memorandum to the File 
Regarding Verification of Sales and Cost of Production for Lian Heng 
Trading (``Lian Heng Verification Report'') dated August 8, 2005, at 
23.
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    \7\ As Lian Heng's questionnaire responses concerned both Lian 
Heng Trading and Lian Heng Investment, the Department scheduled 
verification at the facilities of both companies. As a result of the 
termination of verification prior to its scheduled completion, the 
Department was able to conduct on-site verification at the 
production facilities and offices of Lian Heng Trading only.
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    On July 22, 2005, counsel to Lian Heng submitted its formal 
withdrawal of representation for Lian Heng in the circumvention/scope 
inquiries and a reaffirmation of its representation of importer Piazza. 
On August 8, 2005, the Department released to interested parties its 
verification report of the questionnaire responses for Lian Heng in the 
circumvention/scope inquiries. On August 16, 2005, the Department 
issued an extension from August 18, 2005, to November 17, 2005, of the 
final determination in the circumvention/scope inquiries. On September 
12, 2005, the Department received notification of new counsel for 
Piazza. On September 19, 2005, the Department received Petitioners' 
comments on the upcoming preliminary determination.

Scope of the Antidumping Duty Order

    The product covered by this order 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 
code 0304.20.60.33 (Frozen Fish Fillets of the species Pangasius 
including basa and tra) of the Harmonized Tariff Schedule of the United 
States (``HTSUS'').\8\ This order covers all frozen fish fillets 
meeting the above specification, regardless of tariff classification. 
Although the HTSUS subheading is provided for convenience and customs 
purposes, our written description of the scope of this proceeding is 
dispositive. See Order at 47909.
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    \8\ Until July 1, 2004, these products were 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 HTSUS.
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Preliminary Rescission of Scope Inquiry

    As noted above, on May 12, 2004, the Department received a scope 
ruling request from Piazza on whether certain basa and tra fillets from 
Cambodia made from Vietnamese origin live basa and tra fish are 
excluded from the antidumping duty order on certain frozen fish fillets 
from Vietnam. Subsequent to Piazza's scope ruling request, the 
Department received a request from Petitioners to initiate a 
circumvention inquiry on August 20, 2004, pursuant to 781(b) of the 
Act.
    In the Initiation of the concurrent scope and circumvention 
inquiries, the Department found that because the circumvention and 
scope requests may necessitate an analysis of the significance of the 
production process in Cambodia, it was appropriate to initiate them 
concurrently. However, we are preliminarily rescinding the scope 
inquiry because Lian Heng, the Cambodian fish producer/exporter upon 
which Piazza relied for information to file its scope request, is also 
subject to the concurrent circumvention inquiry.

Termination of the Circumvention Inquiry for L.S.H. and Sun Wah

    In reviewing the record evidence we note that the Department's 
decision to issue questionnaires to L.S.H. and Sun Wah in the context 
of this proceeding was based solely on information submitted by 
Petitioners that such processors were producing frozen fish fillets for 
export. In reviewing Petitioners' submission and all evidence to date 
on the record of this proceeding, however, we find no evidence that 
either of the two processors exported frozen fish fillets to the United 
States. Indeed, one processor has claimed to have made no shipments to 
the United States, and data from U.S. Customs and Border Protection 
(``CBP'') do not indicate shipments from either of the two companies at 
issue. In general, a circumvention inquiry should be supported by 
evidence of shipments to the United States of the product in question. 
Moreover, in this particular case, there is insufficient data to 
satisfy the explicit criteria set out in the initiation notice 
regarding the identification of Cambodian processors involved in 
processing Vietnamese-origin fish into fish fillets for export to the 
United States. Accordingly, we do not believe this circumvention 
inquiry should proceed for Sun Wah and L.S.H., as the evidentiary 
standard which was established for purposes of this inquiry has not 
been met. See section 781(b) of the Act. Therefore, the Department is 
preliminarily terminating the inquiry with respect to these companies. 
The Department is, however, allowing Petitioners to provide additional 
information on Sun Wah and L.S.H regarding their processing and export 
of fish fillets to the United States. Specifically, if sufficient 
information is received that meets the evidentiary standard established 
in the notice of Initiation, the Department may initiate a new and 
separate circumvention inquiry with regard to these companies.
    With respect to Lian Heng, record evidence exists that Lian Heng 
was involved in processing and exporting frozen fish fillets to the 
United States made from Vietnamese-origin live basa and tra fish. See 
Piazza's May 12, 2004, submission. In addition, the Department 
corroborated that Lian Heng is an exporter of frozen fish fillets from 
Cambodia by examining CBP data. See Memo to File from Kit Rudd, dated 
January 27, 2006. As such, the Department is continuing the inquiry 
with respect to Lian Heng.

Statutory Provisions Regarding Circumvention

    Section 781(b) of the Act provides that the Department may find 
circumvention of an antidumping duty order when merchandise of the same 
class or kind subject to the order is

[[Page 9089]]

completed or assembled in a foreign country other than the country to 
which the order applies. In conducting circumvention inquiries under 
section 781(b) of the Act, the Department relies upon the following 
criteria: (A) merchandise imported into the United States is of the 
same class or kind as any merchandise produced in a foreign country 
that is subject to an antidumping duty order; (B) before importation 
into the United States, such imported merchandise is completed or 
assembled in another foreign country from merchandise which is subject 
to the order or produced in the foreign country that is subject to the 
order; (C) the process of assembly or completion in the foreign country 
referred to in (B) is minor or insignificant; and (D) the value of the 
merchandise produced in the foreign country to which the antidumping 
duty order applies is a significant portion of the total value of the 
merchandise exported to the United States. Section 781(b)(3) of the Act 
further provides that, in determining whether to include merchandise 
assembled or completed in a foreign country in an antidumping duty 
order, the Department shall consider: (A) the pattern of trade, 
including sourcing patterns; (B) whether the manufacturer or exporter 
of the merchandise described in accordance with section 781(b)(1)(B) of 
the Act is affiliated with the person who uses the merchandise 
described in accordance with section 781(b)(1)(B) to assemble or 
complete in the foreign country the merchandise that is subsequently 
imported in to the United States; and (C) whether imports into the 
foreign country of the merchandise described in accordance with section 
781(b)(1)(B) have increased after the initiation of the investigation 
which resulted in the issuance of such order or finding.

Analysis/Facts Available/Adverse Facts Available

    The Department's questionnaires issued to Lian Heng were designed 
to elicit information for purposes of conducting both qualitative and 
quantitative analyses in accordance with the criteria enumerated in 
section 781(b) of the Act as outlined above. This approach is 
consistent with our analysis in previous circumvention inquiries. See, 
e.g., Hot-Rolled Lead and Bismuth Carbon Steel Products from Germany 
and the United Kingdom; Negative Final Determinations of Circumvention 
of Antidumping and Countervailing Duty Orders (Carbon Steel Products), 
64 FR 40336 (July 26, 1999) and Steel Wire Rope from Mexico; 
Affirmative Preliminary Determination of Circumvention of Antidumping 
Duty Order, 59 FR 29176 (June 3, 1994). Although the Department 
received information addressing these criteria under section 781(b) of 
the Act, we are unable to complete an analysis of the criteria for Lian 
Heng in this proceeding because Lian Heng prematurely terminated the 
verification of its questionnaire responses.
    Section 776(a)(2) of the Act provides that if an interested party: 
(A) Withholds information that has been requested by the Department; 
(B) fails to provide such information in a timely manner or in the form 
or manner requested, subject to subsections 782(c)(1) and (e) of the 
Act; (C) significantly impedes a determination under the antidumping 
statute; or (D) provides such information but the information cannot be 
verified, the Department shall, subject to subsection 782(d) of the 
Act, use facts otherwise available in reaching the applicable 
determination.
    Further, section 776(b) of the Act provides that, if the Department 
finds that an interested party ``has failed to cooperate by not acting 
to the best of its ability to comply with a request for information,'' 
the Department may use information that is adverse to the interests of 
that party as facts otherwise available. Adverse inferences are 
appropriate ``to ensure that the party does not obtain a more favorable 
result by failing to cooperate than if it had cooperated fully.'' See 
Statement of Administrative Action (``SAA'') accompanying the URAA, 
H.R. Doc. No. 316, 103d Cong., 2d Session at 870 (1994). An adverse 
inference may include reliance on information derived from the 
petition, the final determination in the investigation, any previous 
review, or any other information placed on the record. See section 
776(b) of the Act.
    In accordance with sections 776(a)(2)(C) and (D) of the Act, the 
Department finds that applying facts available is warranted for Lian 
Heng because Lian Heng prematurely terminated verification, thereby 
significantly impeding this proceeding and rendering the information 
submitted unverifiable. In addition, we disagree with Piazza's rebuttal 
comments that the Department's verification confirmed Piazza's 
responses on the record with respect to several elements of the 
statutory analysis under section 781(b) of the Act. The Department 
finds that Lian Heng's termination of verification constitues a failure 
by Lian Heng to provide verifiable data and thus renders the totality 
of the record responses unverified. Furthermore, pursuant to section 
776(b) of the Act, the Department finds that Lian Heng failed to 
cooperate to the best of its ability as a result of its termination of 
verification, and therefore we find an adverse inference is warranted 
in determining the facts otherwise available.

Summary

    We have made an affirmative preliminary determination that Lian 
Heng has engaged in circumvention of the antidumping duty order on 
frozen fish fillets from Vietnam within the meaning of section 781(b) 
of the Act. In the course of this proceeding, Lian Heng was given an 
opportunity to provide verifiable documentation supporting the country 
of origin of the fish used to produce frozen fish fillets in Cambodia 
for export to the United States. However, as noted above, Lian Heng 
failed to provide verifiable data supporting the country of origin of 
the fish used in the frozen fish fillet production process. 
Specifically, at verification the Department attempted to verify 
documentation regarding the origin of Lian Heng's whole fish used to 
produce fish fillets for the period January 1, 2003, to July 15, 2005 
(the last day of verification). Lian Heng prematurely terminated the 
verification on July 15, 2005. Moreover, it was apparent during the 
verification that Lian Heng could not provide adequate documentation 
supporting the origin of the whole fish. See Lian Heng Verification 
Report at 1-2 and 16-17.
    Therefore, as adverse facts available under section 776(b) of the 
Act, the Department concludes that Lian Heng's processing in and 
exporting from Cambodia constitutes circumvention of the antidumping 
duty order within the meaning of section 781(b) of the Act. A second 
adverse inference is that for the period of October 22, 2004 through 
July 15, 2005, Lian Heng used Vietnamese-origin fish. As a result of 
these inferences, the Department finds that the use of Vietnamese-
origin fish by Lian Heng to produce frozen fish fillets for export to 
the United States constitutes circumvention of the antidumping duty 
order on frozen fish fillets from Vietnam under section 781(b) of the 
Act. As such, the Department will consider all entries of frozen fish 
fillets of the species Pangasius Bocourti, Pangasius Hypophthalmus 
(also known as Pangasius Pangasius), and Pangasius Micronemus produced 
by Lian Heng entered, or withdrawn from warehouse, for consumption on 
or after October 22, 2004, the date of initiation of the circumvention 
inquiry, through July 15,

[[Page 9090]]

2005, the last day of the Lian Heng verification, to be produced from 
Vietnamese-origin fish. Therefore, for all such merchandise entered 
between October 22, 2004, and July 15, 2005, but not yet liquidated, we 
preliminarily determine to require suspension of liquidation and to 
require a cash deposit at the Vietnam-wide rate of 63.88 percent.
    For all entries of frozen fish fillets produced by Lian Heng 
entered on or after July 16, 2005, CBP will allow Lian Heng to certify 
that no Vietnamese-origin fish was used in the production of the frozen 
fish fillets. Any entries of frozen fish fillets not accompanied by 
this certification will be subject to antidumping duty cash deposits at 
the Vietnam-wide rate of 63.88 percent. See Attachment I. Upon request, 
the Department may conduct a review of these certified entries during 
the third administrative review period (August 1, 2005 to July 31, 
2006). The Department will expand the third administrative review 
period back to October 22, 2004, the date of initiation of the 
circumvention inquiry, to include all of Lian Heng's entries covered by 
this determination. In addition, we hereby serve notice to Lian Heng 
that such certified entries are subject to verification by the 
Department. If a review of these certified entries is conducted, the 
Department will, at a minimum, examine whole fish country of origin 
documentation that Lian Heng is required to maintain, as an exporter of 
fish products to the United States, by the United States Food and Drug 
Administration's Hazard Analysis Critical Control Point (``HACCP'')\9\ 
program and Bioterrorism Act of 2002.\10\ The Department will also 
examine any other records Lian Heng maintains in its normal course of 
business supporting its certifications that no Vietnamese-origin fish 
was used in the production of its frozen fish fillets.
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    \9\ Hazard Analysis Critical Control Point. Details regarding 
this program can be found at http://www.cfsan.fda.gov/lrd/haccp.html.
    \10\ Details regarding the Bioterrorism Act of 2002 can be found 
at the following URL: http://www.fda.gov/oc/bioterrorism/bioact.html.
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Extension of Final Determination

    Section 781(f) of the Act states that the administering authority 
shall, to the maximum extent practicable, make determinations under 
section 781 of the Act within three-hundred days from the date of the 
initiation of an antidumping circumvention inquiry. At this time, the 
Department requires additional time to allow parties to submit briefs, 
conduct a hearing if requested, and analyze all comments submitted 
prior to issuance of the final determination. Therefore, the Department 
is extending the current deadline of the final determination by sixty 
days until Monday, April 17, 2006.

Suspension of Liquidation

    As noted, in accordance with section 733(d) of the Act, the 
Department will direct CBP to suspend liquidation and to require a cash 
deposit of estimated duties, at the Vietnam-wide rate, on all 
unliquidated entries of frozen fish fillets produced by Lian Heng that 
were entered, or withdrawn from warehouse, for consumption from on or 
after October 22, 2004, the date of initiation of the circumvention 
inquiry, through July 15, 2005.

Notification to the International Trade Commission

    The Department, consistent with section 781(e) of the Act, has 
notified the International Trade Commission (``ITC'') of this 
preliminary determination to include the merchandise subject to this 
inquiry within the antidumping duty order on certain frozen fish 
fillets from Vietnam. Pursuant to section 781(e) of the Act, the ITC 
may request consultations concerning the Department's proposed 
inclusion of the subject merchandise. If, after consultations, the ITC 
believes that a significant injury issue is presented by the proposed 
inclusion, it will have 60 days to provide written advice to the 
Department.

Public Comment

    Interested parties may request a hearing within 10 days from the 
date of publication of this notice. Comments from interested parties 
may be submitted no later than 20 days from the publication of this 
notice. Rebuttals limited to issues raised in the initial comments may 
be filed no later than 27 days after publication of this notice. Any 
hearing, if requested, will be held no later than 34 days after 
publication of this notice. The Department will publish the final 
determination with respect to this circumvention inquiry, including the 
results of its analysis of any written comments.
    This affirmative preliminary circumvention determination is in 
accordance with section 781(b) of the Act and 19 CFR 351.225.

    Dated: February 15, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.

Attachment I

Certification of Lian Heng\1\
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    \1\ Lian Heng Trading Co. Ltd. (``Lian Heng Trading'') or Lian 
Heng Investment Co. Ltd. (``Lian Heng Investment'') (collectively 
``Lian Heng'')
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CERTIFICATION TO U.S. CUSTOMS AND BORDER PROTECTION

    1. Lian Heng hereby certifies that the frozen fish fillets being 
exported and subject to this certification were not produced from fish 
of Vietnamese origin of the following species: Pangasius Bocourti 
(commonly known as basa or trey basa), Pangasius Hypophthalmus (also 
known as Pangasius Pangasius and commonly known as tra or trey pra), or 
Pangasius Micronemus.
    2. By signing this certificate, Lian Heng also hereby agrees to 
maintain sufficient documentation supporting the above statement such 
as country of origin certificates for all fish used to process the 
exported frozen fish fillets.\2\ Further, Lian Heng agrees to submit to 
verification of the underlying documentation supporting the above 
statement. Lian Heng agrees that failure to submit to verification of 
the documentation supporting these statements will result in immediate 
revocation of Lian Heng's certification rights and that Lian Heng will 
be required to post a cash deposit equal to the Vietnam-wide entity 
rate on all entries of frozen fish fillets of the species Pangasius 
Bocourti (commonly known as basa or trey basa), Pangasius Hypophthalmus 
(also known as Pangasius Pangasius and commonly known as tra or trey 
pra), or Pangasius Micronemus. In addition, if the Department of 
Commerce identifies any misrepresentation or inconsistencies regarding 
the certifications, it may report the matter to Customs and Border 
Protection for possible enforcement action.
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    \2\ Documentation may include, but is not limited to the records 
that (EXPORTER OF RECORD) is required to maintain by the United 
States Food and Drug Administration's HACCP program and Bioterrorism 
Act of 2002 and other documents kept in the normal course of 
business.
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    Signature:
    Printed Name:
    Title:
[FR Doc. E6-2510 Filed 2-21-06; 8:45 am]
BILLING CODE 3510-DS-S