[Federal Register Volume 73, Number 145 (Monday, July 28, 2008)]
[Notices]
[Pages 43689-43691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17234]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-552-801


Certain Frozen Fish Fillets from the Socialist Republic of 
Vietnam: Preliminary Rescission of New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting new 
shipper reviews (``NSRs'') of the antidumping duty order on certain 
frozen fish fillets from the Socialist Republic of Vietnam 
(``Vietnam'') that cover the period of review (``POR'') of August 1, 
2006, through July 31, 2007. See Notice of Antidumping Duty Order: 
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 68 
FR 47909 (August 12, 2003) (``Order''). On September 26, 2007, the 
Department initiated a new shipper review for Southern Fishery 
Industries Co., Ltd. (``South Vina''). See Certain Frozen Fish Fillets 
from the Socialist Republic of Vietnam: Initiation of Antidumping Duty 
New Shipper Reviews, 72 FR 15653 (October 9, 2007).
    We preliminarily determine that South Vina's sales to the United 
States were made on a non-bona fide basis. Therefore, we have 
preliminarily rescinded the review with regard to South Vina. If these 
preliminary results are adopted in our final results of review, we will 
instruct U.S. Customs and Border Protection (``CBP'') to assess 
antidumping duties on entries of subject merchandise during the POR as 
listed below.

EFFECTIVE DATE: July 28, 2008.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos, 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) 482-2243.

SUPPLEMENTARY INFORMATION:

Background

    On September 26, 2007, the Department initiated an antidumping duty 
new shipper review with regard to South Vina. See Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Initiation of 
Antidumping Duty New Shipper Reviews, 72 FR 57296, (October 9, 2007). 
We received timely responses from South Vina on the following dates: 
Section A Questionnaire Response (November 8, 2007); Sections C & D 
Questionnaire Response (November 26, 2007); Appendix IX - Importer's 
Questionnaire Response (November 26, 2007); Supplemental Questionnaire 
Response (June 9, 2008).
    On March 25, 2008, the Department extended the preliminary results 
of this new shipper reviews to July 22, 2008. See Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Extension of Time 
Limits for the Preliminary Results of the New Shipper Reviews, 73 FR 
15725 (March 25, 2008).

Scope of the 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

[[Page 43690]]

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 1604.19.4000, 1604.19.5000, 0305.59.4000, 0304.29.6033 
(Frozen Fish Fillets of the species Pangasius including basa and tra) 
of the Harmonized Tariff Schedule of the United States (``HTSUS'').\1\ 
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 the order is dispositive.
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    \1\ 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. Until February 1, 2007, these products were classifiable 
under tariff article code 0304.20.60.33 (Frozen Fish Fillets of the 
species Pangasius including basa and tra) of the HTSUS.
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Preliminary Rescission of New Shipper Reviews

    The Department has preliminarily determined that the sales made by 
South Vina, which are under examination in the new shipper review, are 
not bona fide sales based on the totality of circumstances because: (1) 
the sales were made at high prices as compared to the average of other 
imports of frozen fish fillets under the same HTSUS classification; (2) 
the sales quantities are low as compared to the average of other 
imports of frozen fish fillets under the same HTSUS classification; 
and, (3) there exists on the record contradictory information with 
regard to the U.S. customer and whether the subject merchandise was 
resold at a profit. Due to the proprietary nature of the information 
discussed in our bona fide sales analysis, please see the separate 
memoranda addressing this issue for details.\2\ Because the Department 
has found the sales by South Vina to be non-bona fide, there are no 
sales to review. Therefore, the Department is preliminarily rescinding 
the new shipper review with respect to South Vina. See, e.g., Tianjin 
Tiancheng Pharmaceutical Co., Ltd. v. United States, 366 F. Supp. 2d 
1246, 1249 (CIT 2005). We intend, however, to provide South Vina with a 
final opportunity to clarify the conflicting information on the record 
of this review and to provide a reasonable explanation for the high 
prices and low quantities of its U.S. sales. Any additional information 
and argument presented by South Vina with respect to the above, and any 
rebuttal of such by interested parties, will be fully considered for 
the final results of this new shipper review.
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    \2\ See Memorandum to Stephen J. Claeys, Deputy Assistant 
Secretary for Import Administration, from James C. Doyle, Director, 
Office 4 Import Administration, regarding Bona Fide Sales Analysis 
and Intent to Rescind the Review with Respect to Southern Fishery 
Industries Co., Ltd., dated July 22, 2008.
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Preliminary Results of the Reviews

    As a result of our review, we preliminarily find that the Vietnam-
wide rate is still applicable to South Vina's entries during the POR:

                Certain Frozen Fish Fillets from Vietnam
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                Manufacturer/Exporter                  Margin (Percent)
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Southern Fishery Industries Co., Ltd................               63.88
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    The Department will disclose to parties of this proceeding the 
analysis performed in reaching the preliminary results within five days 
of the date of publication of this notice in accordance with 19 CFR 
351.224(b).
    Interested parties may submit case briefs and/or written comments 
no later than 30 days after the date of publication of these 
preliminary results of this new shipper review. See 19 CFR 
351.309(c)(ii). Rebuttal briefs and rebuttals to written comments, 
limited to issues raised in such briefs or comments, may be filed no 
later than five days after the deadline for submitting the case briefs. 
See 19 CFR 351.309(d). The Department requests that interested parties 
provide an executive summary of each argument contained within the case 
briefs and rebuttal briefs.
    Any interested party may request a hearing within 30 days of 
publication of these preliminary results. See 19 CFR 351.310(c). 
Requests should contain the following information: (1) The party's 
name, address, and telephone number; (2) the number of participants; 
and (3) a list of the issues to be discussed. Oral presentations will 
be limited to issues raised in the briefs. If we receive a request for 
a hearing, we plan to hold the hearing seven days after the deadline 
for submission of the rebuttal briefs at the U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230.
    The Department intends to issue the final results of this new 
shipper review, which will include the results of its analysis raised 
in any such comments, within 90 days of publication of these 
preliminary results, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon completion of the final results, pursuant to 19 CFR 
351.212(b), the Department will determine, and CBP shall assess, 
antidumping duties on all appropriate entries on a per-unit basis.\3\ 
The Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of the final results of the concurrent 
administrative review because South Vina is considered part of the 
Vietnam-wide entity for that review period. If these preliminary 
results are adopted in our final results of review, the Department 
shall determine, and CBP shall assess, antidumping duties on all 
appropriate entries. Pursuant to 19 CFR 351.212(b)(1), we will 
calculate importer-specific (or customer) per-unit duty assessment 
rates. We will instruct CBP to assess antidumping duties on all 
appropriate entries covered by this review if any importer-specific 
assessment rate calculated in the final results of this is above de 
minimis.
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    \3\ We divided the total potentially uncollectable dumping 
duties (calculated multiplying 63.88% by the total entered value) 
for South Vina by the total entered quantity of subject merchandise 
sold to that importer during the POR to calculate a per-unit 
assessment amount. We will direct CBP to assess importer-specific 
assessment rates based on the resulting per-unit (i.e., per-
kilogram) rate by the weight in kilograms of each entry of the 
subject
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Cash-Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this new shipper review for all 
shipments of subject merchandise from South Vina entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) for subject 
merchandise produced and exported by South Vina, the cash deposit rate 
will be that established in the final results of this review (except, 
if the rate is zero or de minimis, no cash deposit will be required); 
(2) for subject merchandise exported by South Vina but not manufactured 
by South Vina, the cash deposit rate will continue to be the Vietnam-
wide rate (i.e., 63.88 percent); and (3) for subject merchandise 
manufactured by South Vina, but exported by any other party, the cash 
deposit rate will be the rate

[[Page 43691]]

applicable to the exporter. If the cash deposit rate calculated in the 
final results is zero or de minimis, no cash deposit will be required 
for those specific producer-exporter combinations. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Interested Parties

    This notice serves as a preliminary 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 POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    We are issuing and publishing this determination in accordance with 
sections 751(a)(1), 751(a)(2)(B), and 777(i) of the Act and 19 CFR 
351.214(h)(i).

    Dated: July 22, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-17234 Filed 7-25-08; 8:45 am]
BILLING CODE 3510-DR-S