[Federal Register Volume 73, Number 42 (Monday, March 3, 2008)]
[Notices]
[Pages 11391-11392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4052]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Frozen Fish Fillets from Vietnam: Notice of Extension of Time 
Limit for Preliminary Results of Antidumping Duty Administrative Review 
and Partial Rescission of Administrative Review

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

EFFECTIVE DATE: March 3, 2008.

FOR FURTHER INFORMATION CONTACT: Catherine Bertrand, AD/CVD Operations, 
Office 9, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-3207.

SUPPLEMENTARY INFORMATION:

Background

    On September 25, 2007, the Department of Commerce (``Department'') 
initiated an antidumping duty administrative review on frozen fish 
fillets from Vietnam. See Initiation of Antidumping and Countervailing 
Duty Administrative Reviews and Requests for Revocation in Part, 72 FR 
54428 (September 25, 2007). The Department initiated this review with 
respect to 32 companies. The period of review is August 1, 2006 through 
July 31, 2007. The preliminary results of this administrative review 
are currently due no later than May 2, 2008. On October 17, 2007, Vinh 
Quang Fisheries Corporation withdrew its request for review. On 
December 19, 2007, Vinh Hoan Company Limited and Vinh Hoan Corporation 
withdrew their requests for review. On December 20, 2007, Petitioners 
withdrew its request for review with respect to twenty-seven companies, 
including Vinh Quang Fisheries Corporation, Vinh Hoan Company Limited, 
and Vinh Hoan Corporation.

Statutory Time Limits

    Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (``the 
Act''), requires the Department to make a preliminary determination 
within 245 days after the last day of the anniversary month of an order 
for which a review is requested and a final determination within 120 
days after the date on which the preliminary results are published. 
However, if it is not practicable to complete the review within these 
time periods, section 751(a)(3)(A) of the Act allows the Department to 
extend the time limit for the preliminary determination to a maximum of 
365 days after the last day of the anniversary month.

Extension of Time Limit for Preliminary Results of Review

    We determine that it is not practicable to complete the preliminary 
results of this review within the original time limit because the 
Department requires additional time to analyze the supplemental 
questionnaire responses, issue additional supplemental questionnaires, 
as well as to evaluate what would be the most appropriate surrogate 
values to use during the period of review. Therefore, the Department is 
extending the time limit for completion of the preliminary results by 
120 days. The preliminary results will now be due no later than 
September 2, 2008, which is the first business day after the 120-day 
extension. The final results continue to be due 120 days after the 
publication of the preliminary results.

Partial Rescission of Review

    The applicable regulation, 19 CFR 351.213(d)(1), states that if a 
party that requested an administrative review withdraws the request 
within 90 days of the publication of the notice of initiation of the 
requested review, the Secretary will rescind the review. Petitioners 
withdrew their review request with respect to twenty seven exporters of 
subject merchandise within the 90-day deadline, in accordance with 19 
CFR 351.213(d)(1). Also, within the 90-day deadline respondents Vinh 
Quang Fisheries Corporation, Vinh Hoan Company Limited, and Vinh Hoan 
Corporation withdrew their respective requests for review. Requests for 
review from An Giang Fisheries Import and Export Joint Stock Company 
(aka Agifish or AnGiang Fisheries Import and Export) and Anvifish Co., 
Ltd., were not withdrawn by respondents.
    Therefore, we are partially rescinding this review of the 
antidumping duty order on frozen fish fillets from Vietnam with respect 
to the following twenty five companies, because all requesting parities 
for these companies timely withdrew the requests for review: An Giang 
Agriculture and Food Import Export Company (aka Afiex, A. Seafood, 
Afiex Seafood, or An Giang Afiex Company); Basa Co., Ltd.; Can Tho 
Agricultural and Animal Products Import Export Company (aka Cataco); 
Cantho Seafood Export (aka CASEAFOOD); Can Tho Animal Fishery Products 
Processing Export Enterprise (aka Cafatex); Cantho Import Export 
Seafood Joint Stock Company (aka CASEAMEX); CL-Fish Co., Ltd. (aka Cuu 
Long Fish Company); Da Nang Seaproducts Import-Export Corporation (aka 
Da Nang or Seaprodex Danang); Duyen Hai Foodstuffs Processing Factory 
(aka COSEAFEX); East Sea Seafoods Joint Venture Co., Ltd.; Gepimex 404 
Company; Hai Nam Co., Ltd.; Hai Vuong Co., Ltd.; Hoan An Fishery Co., 
Ltd.; Hung Vuong Co., Ltd.; Kim Anh Co., Ltd.; Mekongfish Company (aka 
Mekonimex or Mekong Fisheries Joint Stock Company); Nam Viet Company 
Limited (aka NAVICO); Ngoc Thai Company, Ltd.; Southern Fishery 
Industries Company, Ltd. (aka South Vina); Viet Hai Seafood Company 
Limited (aka Vietnam Fish-One Co., Ltd.); Vinh Hoan Corporation; Vinh 
Hoan Company, Ltd.; Vinh Long Import-Export Company (aka Imex Cuu 
Long); and, Vinh Quang Fisheries Corporation. The following seven 
companies remain in this administrative review: An Giang Fisheries 
Import and Export Joint Stock Company (aka Agifish or AnGiang Fisheries 
Import and Export); Anvifish Co., Ltd., An Xuyen Company Ltd., QVD Food 
Company, Ltd., QVD Dong Thap Food Co., Ltd., Thuan Hung Co., Ltd. (aka 
THUFICO), and Lian Heng Trading Co., Ltd.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to assess antidumping duties on all appropriate entries. For 
those companies for which this review is rescinded, antidumping duties 
shall be assessed at rates equal to the cash

[[Page 11392]]

deposit of estimated antidumping duties required at the time of entry, 
or withdrawal from warehouse, for consumption, in accordance with 19 
CFR 351.212(c)(1)(I). The Department will issue appropriate assessment 
instructions directly to CBP within 15 days of publication of this 
notice.

Notification of Interested Parties

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs``) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This notice is issued and published in accordance with sections 
751(a)(3)(A), 777(I), 751, and 777(I) of the Act and 19 CFR 
351.213(d)(4).

    Dated: February 22, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-4052 Filed 2-29-08; 8:45 am]
BILLING CODE 3510-DS-S