[Federal Register Volume 74, Number 82 (Thursday, April 30, 2009)]
[Notices]
[Page 19933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9999]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Certain Frozen Fish Fillets From the Socialist Republic of 
Vietnam: Notice of Partial Rescission of the Fifth Antidumping Duty 
Administrative Review

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

Summary: The Department of Commerce (``Department'') is conducting an 
administrative review of the antidumping duty order on certain frozen 
fish fillets from the Socialist Republic of Vietnam (``Vietnam''). 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 30, 2008, the Department initiated an 
antidumping duty 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). The Department initiated this review with respect 
to 18 companies. The period of review is August 1, 2007, through July 
31, 2008. The preliminary results of this administrative review are 
currently due no later than May 3, 2009. On October 30, 2008, Vinh 
Quang Fisheries Corporation withdrew its request for review. On 
December 22, 2008, Anvifish Co., Ltd. (``Anvifish'') withdrew its 
request for a review. On October 17, 2008, Petitioners \1\ withdrew 
their request for review with respect to 12 companies, including Vinh 
Quang Fisheries Corporation. Following Anvifish's withdrawal, on 
December 23, 2008, Petitioners withdrew their request for review with 
respect to Anvifish.
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    \1\ The Catfish Famers of America and individual U.S. catfish 
processors, America's Catch, Consolidated Catfish Companies, LLC dba 
Country Select Catfish, Delta Pride Catfish, Inc., Harvest Select 
Catfish, Inc., Heartland Catfish Company, Pride of the Pond, Simmons 
Farm Raised Catfish, Inc., and Southern Pride Catfish Company LLC 
(``Petitioners'').

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EFFECTIVE DATE: April 30, 2009.

FOR FURTHER INFORMATION CONTACT: Alan Ray and Javier Barrientos, Office 
9, AD/CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14\th\ Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
5403 and (202) 482-2243, respectively.

Partial Rescission of Review

    The applicable regulation, 19 CFR 351.213(d)(1), states that if a 
party that requested an administrative review withdraws the request 
within 90 days of the publication of the notice of initiation of the 
requested review, the Secretary will rescind the review. Petitioners 
withdrew their review request with respect to 13 exporters of subject 
merchandise within the 90-day deadline, in accordance with 19 CFR 
351.213(d)(1). Respondents Vinh Quang Fisheries Corporation and 
Anvifish also withdrew their respective requests for review within the 
90-day deadline.
    Therefore, we are partially rescinding this review with respect to 
the following 13 companies, because all requesting parities for these 
companies timely withdrew the requests for review: An Xuyen Co., Ltd.; 
Asia Commerce Fisheries Joint Stock Company (aka Acomfish JSC); Ben Tre 
Forestry Aquaproduct Import-Export Company (aka FAQUIMEX); Binh An 
Seafood Joint Stock Co.; Hiep Thanh Seafood Joint Stock Co.; Hung Vuong 
Corporation; Nam Viet Company Limited (aka NAVICO); Phuong Nam Co., 
Ltd.; Da Nang Seaproducts Import-Export Corporation (aka Da Nang or 
Seaprodex Danang); Southern Fishery Industries Company, Ltd. (aka South 
Vina); Thien Ma Seafood Co., Ltd.; Vinh Quang Fisheries Corporation; 
and Anvifish Co., Ltd.

Assessment Rates

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to assess antidumping duties on all appropriate entries. For 
those companies for which this review has been rescinded and which have 
a separate rate from a prior segment of this proceeding, antidumping 
duties shall be assessed at rates equal to the cash deposit of 
estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(2). Accordingly, the Department intends to issue appropriate 
assessment instructions directly to CBP 15 days after publication of 
this notice for the following companies: Binh An Seafood Joint Stock 
Co.; Phuong Nam Co., Ltd.; Da Nang or Seaprodex Danang Southern Fishery 
Industries Company, Ltd.; Vinh Quang Fisheries Corporation; and 
Anvifish Co., Ltd.
    The Department cannot order liquidation for companies which, 
although they are no longer under review as a separate entity, may 
still be under review as part of the Vietnam-wide entity. Therefore, 
the Department cannot, at this time, order liquidation of entries for 
the following companies: An Xuyen Co., Ltd.; Acomfish JSC; FAQUIMEX; 
Hiep Thanh Seafood Joint Stock Co.; Hung Vuong Corporation; NAVICO; or 
Thien Ma Seafood Co., Ltd. The Department intends to issue liquidation 
instructions for the Vietnam-wide entities 15 days after publication of 
the final results of this review.

Notification to Importers

    This notice serves as a final reminder to importers for whom this 
review is being rescinded, as of the publication date of this notice, 
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 review period. Failure 
to comply with this requirement could result in the Secretary's 
presumption that reimbursement of the antidumping duties occurred and 
the subsequent assessment of double antidumping duties.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This notice is issued and published in accordance with section 
777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 
351.213(d)(4).

    Dated: April 24, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-9999 Filed 4-29-09; 8:45 am]
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