[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]
BILLING CODE 3510-DS-S