[Federal Register Volume 73, Number 191 (Wednesday, October 1, 2008)]
[Notices]
[Page 57058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23150]


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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 New Shipper Reviews

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

EFFECTIVE DATE: October 1, 2008.
SUMMARY: The Department of Commerce (the ``Department'') has determined 
that two requests for new shipper reviews of the antidumping duty order 
on certain frozen fish fillets from the Socialist Republic of Vietnam, 
received on August 8, 2008, and August 26, 2008, meet the statutory and 
regulatory requirements for initiation. The period of review (``POR'') 
of these two new shipper reviews is August 1, 2007, through July 31, 
2008.

FOR FURTHER INFORMATION CONTACT: Alexis Polovina (SAMEFICO) or Matt 
Renkey (Cadovimex II) 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) 482-3927 and (202) 482-2312, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The notice announcing the antidumping duty order on certain frozen 
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). On August 8, 2008, and August 26, 2008, we received 
timely requests for new shipper reviews from Saigon-Mekong Fishery Co., 
Ltd. (``SAMEFICO'') and Cadovimex II Seafood Import-Export and 
Processing Joint Stock Company (``Cadovimex II'') in accordance with 19 
CFR 351.214(c) and 351.214(d)(2). SAMEFICO and Cadovimex II have 
certified that they are both the producers and exporters of the subject 
merchandise upon which the requests for the new shipper reviews are 
based.

Initiation of New Shipper Reviews

    Pursuant to section 751(a)(2)(B)(i)(I) of the Tariff Act of 1930, 
as amended (``the Act''), and 19 CFR 351.214(b)(2), SAMEFICO and 
Cadovimex II certified that they did not export certain frozen fish 
fillets to the United States during the period of investigation 
(``POI''). Pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 
CFR 351.214(b)(2)(iii)(A), SAMEFICO and Cadovimex II certified that, 
since the initiation of the investigation, they have never been 
affiliated with any exporter or producer who exported certain frozen 
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), SAMEFICO and Cadovimex II have also certified 
that their export activities are not controlled by the central 
government of the Socialist Republic of Vietnam.
    In addition to the certifications described above, the exporters 
submitted documentation establishing the following: (1) the date on 
which they first shipped certain frozen fish fillets for export to the 
United States and the date on which the certain frozen fish fillets 
first entered, or withdrawn from warehouse, for consumption; (2) the 
volume of their first shipments; and (3) the date of their first sales 
to an unaffiliated customer in the United States.
    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), we are initiating these two new shipper reviews for 
shipments of certain frozen fish fillets from the Socialist Republic of 
Vietnam produced and exported by SAMEFICO and Cadovimex II.
    We intend to issue preliminary results of these reviews no later 
than 180 days from the date of initiation, and final results of these 
reviews 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 U.S. Customs and Border 
Protection to collect a bond or other security in lieu of a cash 
deposit in new shipper reviews during the period April 1, 2006, through 
June 30, 2009. Therefore, the posting of a bond or other security under 
section 751(a)(2)(B)(iii) of the Act in lieu of a cash deposit is not 
available in this case. Importers of certain frozen fish fillets 
produced and exported by SAMEFICO and Cadovimex II must continue to 
post a cash deposit 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 
these new shipper reviews should submit applications for disclosure 
under administrative protective order in accordance with 19 CFR 351.305 
and 351.306. This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: September 25, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-23150 Filed 9-30-08; 8:45 am]
BILLING CODE 3510-DS-S