[Federal Register Volume 76, Number 62 (Thursday, March 31, 2011)]
[Pages 17837-17838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7358]



International Trade Administration


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 31, 2011.
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 28, 
2011, meets the statutory and regulatory requirements for initiation. 
The period of review (``POR'') for this NSR is August 1, 2010, through 
January 31, 2011.

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-



    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). On 
February 28, 2011, pursuant to section 751(a)(2)(B)(i) of the Tariff 
Act of 1930, as amended (``Act''), the Department received a properly 
filed NSR request during the semi-annual anniversary month of the 
antidumping duty order from Thuan An Production Trading & Services Co., 
Ltd. (``Tafishco''). Tafishco certified that it is both the producer 
and exporter of the subject merchandise upon which the request was 
    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Tafishco certified that it did not export subject 
merchandise 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), Tafishco certified that, since 
the initiation of the investigation, it has never been affiliated with 
any Vietnamese exporter or producer who exported subject merchandise to 
the United States during the POI, including those respondents not 
individually examined during the POI. As required by 19 CFR 
351.214(b)(2)(iii)(B), Tafishco 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)(A), (B) and (C), Tafishco submitted documentation 
establishing the following: (1) The date on which Tafishco first 
shipped subject merchandise for export to the United States; (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 Tafishco'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 

[[Page 17838]]

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), we find that Tafishco meets the threshold requirements 
for initiation of a NSR for the shipments of fish fillets from Vietnam 
produced and exported by Tafishco. See ``Memorandum to the File from 
Ricardo Martinez Rivera, International Trade Compliance Analyst, 
Initiation of AD New Shipper Review: Certain Frozen Fish Fillets from 
the Socialist Republic of Vietnam (A-552-801),'' dated concurrently 
with this notice.
    The Department intends to issue the preliminary results of this NSR 
no later than 180 days from the date of initiation, and the final 
results no later than 270 days from the date of initiation. See section 
751(a)(2)(B)(iv) of the Act.
    It is the Department's usual practice, in cases involving non-
market economy countries, to require that a company seeking to 
establish eligibility for an antidumping duty rate separate from the 
country-wide rate provide evidence of de jure and de facto absence of 
government control over the company's export activities. Accordingly, 
we will issue a questionnaire to Tafishco, which will include a section 
requesting information concerning Tafishco's export activities for 
separate rates purposes. The review will proceed if the response 
provides sufficient indication that Tafishco is not subject to either 
de jure or de facto government control with respect to its export of 
subject merchandise.
    We will instruct U.S. Customs and Border Protection to allow, at 
the option of the importer, the posting, until the completion of the 
review, of a bond or security in lieu of a cash deposit for each entry 
of the subject merchandise from Tafishco in accordance with section 
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Tafishco 
certified that it produced and exported the subject merchandise, the 
sale of which is the basis for this new shipper review request, we will 
apply the bonding privilege to Tafishco only for subject merchandise 
which Tafishco both produced and exported.
    To assist in its analysis of the bona fides of Tafishco's sales, 
upon initiation of this new shipper review, the Department will require 
Tafishco to submit on an ongoing basis complete transaction information 
concerning any sales of subject merchandise to the United States that 
were made subsequent to the POR.
    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, 2011.
Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2011-7358 Filed 3-30-11; 8:45 am]