[Federal Register Volume 74, Number 58 (Friday, March 27, 2009)]
[Notices]
[Pages 13415-13416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6909]


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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 Review

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

DATES: Effective Date: March 27, 2009.

SUMMARY: The Department of Commerce (``Department'') has determined 
that a request for a new shipper review (``NSR'') of the antidumping 
duty order on certain frozen fish fillets (``fish fillets'') from the 
Socialist Republic of Vietnam (``Vietnam''), received on February 6, 
2009, meets the statutory and regulatory requirements for initiation. 
The period of review (``POR'') for this NSR is August 1, 2008-January 
31, 2009.

FOR FURTHER INFORMATION CONTACT: Tim Lord, 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: 202-482-7425.

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 6, 2009, pursuant to section 751(a)(2)(B)(i) of the Tariff Act 
of 1930, as amended (``Act''), and 19 CFR 351.214(c), the Department 
received a NSR request from NTSF Seafoods Joint Stock Company 
(``NTSF''). NTSF certified that it is the producer and exporter of the 
subject merchandise upon which the request was based. NTSF also 
submitted a public version, which adequately summarized proprietary 
information and provided explanations as to why certain proprietary 
information is not capable of summarization.
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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 28, 2009. See 19 CFR 351.214(d)(1).
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    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), NTSF certified that it 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), NTSF certified that, since the initiation of the 
investigation, it has 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), NTSF also 
certified that its 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), NTSF submitted documentation establishing the 
following: (1) The date on which NTSF 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 its first shipment; and (3) the date of its 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 NTSF'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 NTSF.

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 NTSF meets the threshold 
requirements for initiation of a NSR for the shipments of fish fillets 
from Vietnam it produced and exported. See ``Memorandum to File from 
Tim Lord, Case Analyst, Certain Frozen Fish Fillets from Vietnam: 
Initiation of AD New Shipper Review for NTSF Seafoods Joint Stock 
Company,'' (March 24, 2009):
    The Department intends to issue the preliminary results of this NSR 
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

[[Page 13416]]

Act in lieu of a cash deposit is not available in this case. Importers 
of fish fillets from Vietnam manufactured and/or exported by NTSF 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 24, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
 [FR Doc. E9-6909 Filed 3-26-09; 8:45 am]
BILLING CODE 3510-DS-P