[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Notices]
[Pages 47149-47150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19815]


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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 Seventh 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). On 
September 22, 2010, the Department initiated the August 1, 2009, 
through July 31, 2010, antidumping duty administrative review on 
certain frozen fish fillets from Vietnam. See Initiation of Antidumping 
and Countervailing Duty Administrative Reviews and Requests for 
Revocation, 75 FR 60076, (September 29, 2010). Based upon requests for 
review from various parties, the Department initiated this review with 
respect to 26 companies.\1\ On December 27, 2010,

[[Page 47150]]

Agifish withdrew its request for an administrative review. On December 
28, 2010, SAMEFICO withdrew its request for an administrative review. 
On December 28, 2010, Petitioners \2\ partially withdrew their August 
31, 2010, request for an administrative review for four companies. 
These companies include: (1) Agifish; (2) Nam Viet; (3) Nam Viet 
Corporation; and (4) SAMEFICO. On March 11, 2011, Cadovimex II withdrew 
its request for an administrative review. On March 14, 2011, 
Petitioners withdrew their review request for Cadovimex II. The 
preliminary results of this administrative review are currently due no 
later than August 31, 2011.\3\
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    \1\ (1) An Giang Fisheries Import and Export Joint Stock Company 
(aka Agifish or AnGiang Fisheries Import and Export) (``Agifish''); 
(2) Anvifish Co., Ltd.; (3) Anvifish Joint Stock Company (aka 
Anvifish JSC); (4) Asia Commerce Fisheries Joint Stock Company (aka 
Acomfish JSC) (``Acomfish''); (5) Bien Dong Seafood Co., Ltd. 
(``Bien Dong Seafood''); (6) Binh An Seafood Joint Stock Co. (``Binh 
An''); (7) Cadovimex II Seafood Import-Export and Processing Joint 
Stock Company (aka Cadovimex II) (``Cadovimex II''); (8) Cantho 
Import-Export Seafood Joint Stock Company (``CASEAMEX''); (9) CUU 
Long Fish Joint Stock Company (aka CL-Fish) (``CL Fish''); (10) East 
Sea Seafoods Limited Liability Company (formerly known as East Sea 
Seafoods Joint Venture Co., Ltd.); (11) East Sea Seafoods Joint 
Venture Co., Ltd.; (12) East Sea Seafoods LLC; (13) Hiep Thanh 
Seafood Joint Stock Co. (``Hiep Thanh''); (14) International 
Development & Investment Corporation (also known as IDI) (``IDI''); 
(15) Nam Viet Company Limited (aka NAVICO) (``Nam Viet''); (16) Nam 
Viet Corporation; (17) NTSF Seafoods Joint Stock Company (aka NTSF); 
(18) QVD Food Company, Ltd.(``QVD''); (19) QVD Dong Thap Food Co., 
Ltd. (``QVD DT''); (20) Saigon-Mekong Fishery Co., Ltd. (aka 
SAMEFICO) (``SAMEFICO''); (21) Southern Fishery Industries Company, 
Ltd. (aka South Vina) (``South Vina''); (22) Thien Ma Seafood Co., 
Ltd. (``THIMACO''); (23) Thuan Hung Co., Ltd. (aka THUFICO) (``Thuan 
Hung''); (24) Vinh Hoan Corporation (``Vinh Hoan''); (25) Vinh Hoan 
Company, Ltd.; and (26) Vinh Quang Fisheries Corporation (``Vinh 
Quang'').
    \2\ Catfish Farmers 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, and 
Simmons Farm Raised Catfish, Inc.
    \3\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Extension of Time Limit for Preliminary Results of the 
Seventh Antidumping Duty Administrative Review, 76 FR 206263 (April 
13, 2011).

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DATES: Effective Date: August 4, 2011.

FOR FURTHER INFORMATION CONTACT: Alexis Polovina and Javier Barrientos, 
Office 9, AD/CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
3927 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. Parties 
withdrew their review requests with respect to four exporters of 
subject merchandise within the 90-day deadline, in accordance with 19 
CFR 351.213(d)(1).
    Therefore, in accordance with section 351.213(d)(1) of the 
Department's regulations, we are partially rescinding this review with 
respect to the following companies: (1) Agifish; (2) Nam Viet; (3) Nam 
Viet Corporation; and 4) SAMEFICO. The Department is also rescinding 
this review with respect to Cadovimex II. Although Cadovimex II's and 
Petitioner's March 11, 2011, and March 14, 2011, withdrawal requests 
were submitted after the December 28, 2010, 90-day deadline, we will 
extend the deadline. In this instance, the Department has not expended 
significant resources analyzing Cadovimex II's data, and therefore, 
find it reasonable to extend the deadline. See 19 CFR 351.213(d)(1).

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 Agifish, SAMEFICO, and Cadovimex II.
    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: Nam Viet and Nam Viet Corporation. 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 Administrative Protective Orders (``APO'')

    This notice also serves as a reminder to parties subject to 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: July 29, 2011.
Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2011-19815 Filed 8-3-11; 8:45 am]
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