[Federal Register Volume 74, Number 131 (Friday, July 10, 2009)]
[Notices]
[Page 33208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16498]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Continuation of Antidumping Duty Order on Certain Frozen Fish 
Fillets From the Socialist Republic of Vietnam

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

DATES: Effective Date: July 10, 2009.
SUMMARY: As a result of the determinations by the Department of 
Commerce (``Department'') and the International Trade Commission 
(``ITC'') that revocation of the antidumping duty order on certain 
frozen fish fillets from the Socialist Republic of Vietnam 
(``Vietnam'') would likely lead to a continuation or recurrence of 
dumping and material injury to an industry in the United States, the 
Department is publishing a notice of continuation of the antidumping 
duty order.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey, AD/CVD Operations, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street & Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-2312.

SUPPLEMENTARY INFORMATION:  On July 1, 2008, the Department published 
the notice of initiation of the sunset review of the antidumping duty 
order on certain frozen fish fillets from Vietnam pursuant to section 
751(c) of the Tariff Act of 1930, as amended (``Act''). See Initiation 
of Five-year (``Sunset'') Review, 73 FR 37411 (July 1, 2008).
    As a result of its review, the Department determined that 
revocation of the antidumping duty order on certain frozen fish fillets 
from Vietnam would likely lead to a continuation or recurrence of 
dumping and, therefore, notified the ITC of the magnitude of the 
margins likely to prevail should the order be revoked. See Certain 
Frozen Fish Fillets from the Socialist Republic of Vietnam: Notice of 
Final Results of Expedited Sunset Review of Antidumping Duty Order, 74 
FR 5819 (February 2, 2009).
    On July 6, 2009, the ITC determined, pursuant to section 751(c) of 
the Act, that revocation of the antidumping duty order on certain 
frozen fish fillets from Vietnam would likely lead to a continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable future. See Certain Frozen Fish Fillets 
from Vietnam; Determination, 74 FR 31975 (July 6, 2009), and USITC 
Publication 4083 (June 2009).

Scope of the Order

    The product covered by this 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\ This 
Order covers all frozen fish fillets meeting the above specification, 
regardless of tariff classification. Although the HTSUS subheading is 
provided for convenience and customs 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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Continuation of the Order

    As a result of these determinations by the Department and the ITC 
that revocation of the antidumping duty order would likely lead to a 
continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the antidumping 
order on certain frozen fish fillets from Vietnam. United States 
Customs and Border Protection will continue to collect antidumping duty 
cash deposits at the rates in effect at the time of entry for all 
imports of subject merchandise. The effective date of the continuation 
of the order will be the date of publication in the Federal Register of 
this notice of continuation. Pursuant to section 751(c)(2) of the Act, 
the Department intends to initiate the next five-year review of the 
order not later than 30 days prior to the fifth anniversary of the 
effective date of continuation.
    This five-year (sunset) review and this notice are in accordance 
with section 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act.

    Dated: July 7, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-16498 Filed 7-9-09; 8:45 am]
BILLING CODE 3510-DS-P