[Federal Register Volume 74, Number 32 (Thursday, February 19, 2009)]
[Notices]
[Pages 7659-7660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3544]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Certain Frozen Fish Fillets from the Socialist Republic of 
Vietnam: Rescission of Antidumping Duty Changed Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 21, 2007, in response to a request from an 
interested party, the Department of Commerce (``Department'') initiated 
a changed circumstances review of the antidumping duty order on certain 
frozen fish fillets from Socialist Republic of Vietnam (``Vietnam''). 
See Certain Frozen Fish Fillets from Vietnam: Notice of Initiation and 
Preliminary Results of Changed Circumstances Review, 72 FR 46604 
(August 21, 2007) (``Initiation and Preliminary Results''). We are 
rescinding the changed circumstances review because we have initiated 
an administrative review covering the firms in question and intend to 
address any considerations arising from the changed circumstances 
review within the context of the 2007/2008 administrative review of 
this order.

EFFECTIVE DATE: February 19, 2009.

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 August 21, 2007, the Department issued its initiation and 
preliminary results. See Initiation and Preliminary Results. As part of 
the Initiation and Preliminary Results, the Department invited 
interested parties to submit case and rebuttal briefs, and provided 
parties the opportunity to request a hearing. Id. at 46606. On 
September 20, 2007, the Catfish Farmers of America and individual U.S. 
catfish processors (collectively ``Petitioners'') submitted their case 
brief. No other party submitted briefs. On September 25, 2007, Vinh 
Hoan Co., Ltd./Corporation (``Vinh Hoan'') submitted a rebuttal brief. 
Based on parties' comments in their case and rebuttal briefs, the 
Department issued Vinh Hoan a questionnaire on February 13, 2008, and 
received its response on February 29, 2008. Because the Department 
issued its questionnaire subsequent to the briefing schedule, we 
invited parties to comment on Vinh Hoan's February 29, 2008, response. 
See Memo to the File, dated May 16, 2008. On May 23, 2008, the 
Department received a supplemental brief from Petitioners. On May 28, 
2008, the Department received a rebuttal brief from Vinh Hoan. Based on 
continuing questions regarding affiliation issues, the Department 
issued Vinh Hoan and its affiliate a supplemental questionnaire on 
September 11, 2008, and received their response on September 29, 2008.
    On September 30, 2008, we initiated the 2007/2008 administrative 
review on certain frozen fish fillets from Vietnam. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews and Requests 
for Revocation in Part, 73 FR 56795 (September 30, 2008). On October 
29, 2008, the Department issued its respondent selection memorandum, 
wherein Vinh Hoan was selected as a mandatory respondent in the 2007/
2008 administrative review. On November 3, 2008, the Department issued 
Vinh Hoan its initial administrative review questionnaire, including 
questions regarding its affiliations. On November 24, 2008, December 
10, 2008, and December 23, 2008, the Department received Vinh Hoan's 
and its affiliate's Section A, Section C, and Section D questionnaire 
responses.

Scope of the Order

    The product covered by the 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 
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\ The 
order covers all frozen fish fillets meeting the above specification, 
regardless of tariff classification. Although the HTSUS subheadings are 
provided for convenience and customs

[[Page 7660]]

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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Rescission of Changed Circumstances Review

    Because Vinh Hoan has been selected as a respondent for individual 
examination in the ongoing administrative review, we will be examining 
the impact of the affiliation in that proceeding. This examination will 
include addressing issues with respect to the production and/or sales 
Vinh Hoan and its affiliate, or their subsidiaries, made to the United 
States during the period of review and the effect that any affiliation 
may have had on the operations and management of the relevant firms for 
purposes of determining, among other things, whether Vinh Hoan and its 
affiliate should be treated as a single entity. Thus, we intend to 
address all issues arising out of the changed circumstances review on 
certain frozen fish fillets from Vietnam in the context of the 2007/
2008 administrative review. Accordingly, we are rescinding the changed 
circumstances review with respect to the antidumping duty order on 
certain frozen fish fillets from Vietnam.
    We will incorporate the record of the rescinded changed 
circumstances review into the record of the 2007/2008 administrative 
review.

    Dated: February 10, 2009.
Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-3544 Filed 2-18-09; 8:45 am]
BILLING CODE 3510-DS-S