[Federal Register Volume 73, Number 67 (Monday, April 7, 2008)]
[Notices]
[Pages 18753-18754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7218]


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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: April 7, 2008.
SUMMARY:  The Department of Commerce (``Department'') has determined 
that two requests for new shipper reviews (``NSR'') of the antidumping 
duty order on certain frozen fish fillets (``fish fillets'') from the 
Socialist Republic of Vietnam (``Vietnam''), received on February 25, 
2008, meet the statutory and regulatory requirements for initiation. 
The period of review (``POR'') for these two NSR is August 1, 2007 
January 31, 2008.

FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office 
9, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, D.C. 20230; telephone: 202-482-0413.

SUPPLEMENTARY INFORMATION:

Background

    The notice announcing the antidumping duty order on 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 
February 25, 2008, pursuant to section 751(a)(2)(B)(i) of the Tariff 
Act of 1930, as amended (``the Act''), and 19 CFR 351.214(c), the 
Department received NSR requests from Asia Commerce Fisheries Joint 
Stock Company (``Acom'') and Hiep Thanh Seafood Joint Stock Company 
(``Hiep Thanh''). Both companies certified that they are the producers 
and exporters of the subject merchandise upon which the requests were 
based.
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    \1\ Therefore, a semi-annual request for a NSR, based on the 
annual anniversary month, August, was due to the Department by 
February 29, 2008. See 19 CFR 351.214(d)(1).
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    On February 28, 2008, the Department requested that Acom and Hiep 
Thanh adequately summarize the proprietary information in their NSR 
requests or provide a clear explanation as to why the information is 
not capable of summarization. See the Department's February 28, 2008, 
letters to Acom and Hiep Thanh. In addition, on February 28, 2008, the 
Department requested a clarification of information contained within 
Hiep Thanh's NSR request. On February 29, 2008, Acom and Hiep Thanh 
submitted public versions which adequately summarized their proprietary 
information and provided explanations as to why certain proprietary 
information is not capable of summarization. Moreover, on March 3, 
2008, Hiep Thanh clarified certain information contained within its NSR 
request. In addition, Hiep Thanh provided additional information on 
March 14, 2008.
    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Acom and Hiep Thanh certified that they did not 
export 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), Acom 
and Hiep Thanh certified that, since the initiation of the 
investigation,

[[Page 18754]]

they have never been affiliated with any Vietnamese exporter or 
producer who exported 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), Acom and Hiep Thanh 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), Acom and Hiep Thanh submitted documentation 
establishing the following: (1) the dates on which Acom and Hiep Thanh 
first shipped fish fillets for export to the United States and the date 
on which the fish fillets were first entered, or withdrawn from 
warehouse, for consumption; (2) the volume of their first shipment; and 
(3) the date of their first sale to an unaffiliated customer in the 
United States.
    The Department conducted U.S. Customs and Border Protection 
(``CBP'') database queries in an attempt to confirm that Acom and Hiep 
Thanh's shipments of subject merchandise had entered the United States 
for consumption and that liquidation of such entries had been properly 
suspended for antidumping duties. The Department also examined whether 
the CBP data confirmed that such entries were made during the NSR POR. 
The information we examined was consistent with that provided by Acom 
and Hiep Thanh.

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 Acom and Hiep Thanh meet the 
threshold requirements for initiation of a NSR for the shipments of 
fish fillets from Vietnam they produced and exported. See ``Memorandum 
to File from Paul Walker, Senior Case Analyst, Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Initiation of AD New 
Shipper Review for Asia Commerce Fisheries Joint Stock Company,'' 
(March 26, 2008): see also ``Memorandum to File from Paul Walker, 
Senior Case Analyst, Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam: Initiation of AD New Shipper Review for Hiep Thanh 
Seafood Joint Stock Company,'' (March 26, 2008).
    The Department intends to issue the preliminary results of these 
NSRs no later than 180 days from the date of initiation, and final 
results 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)(B)(iii) of the Act in lieu 
of a cash deposit is not available in this case. Importers of fish 
fillets from Vietnam manufactured and/or exported by Acom and Hiep 
Thanh must continue to post cash deposits 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 NSR 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: March 26, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-7218 Filed 4-4-08; 8:45 am]
BILLING CODE 3510-DS-S