[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Notices]
[Page 73424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29775]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


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

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

SUMMARY: The Department of Commerce (``the Department'') is conducting 
an administrative review of the antidumping duty order on certain 
frozen fish fillets (``fish fillets'') from the Socialist Republic of 
Vietnam (``Vietnam'').\1\ The Department is rescinding the review with 
respect to An Giang Fisheries Import & Export Joint Stock Company 
(``Agifish''). The period of review (``POR'') is August 1, 2010, 
through July 31, 2011.
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    \1\ See Notice of Antidumping Duty Order: Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam, 68 FR 47909 (August 
12, 2003).

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DATES: Effective Date: December 10, 2012.

FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office 
9, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone 202.482.0413.

SUPPLEMENTARY INFORMATION:

Case History

    On October 3, 2011, the Department initiated the eighth 
administrative review of fish fillets from Vietnam with respect to 32 
companies.\2\ On January 2 and 3, 2012, Agifish, along with the Catfish 
Farmers of America and individual U.S. catfish processors 
(collectively, ``Petitioners''), withdrew their requests for an 
administrative review of Agifish.\3\ On September 12, 2012, the 
Department published the Preliminary Results.\4\
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    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Requests for Revocation, 76 FR 61076 
(October 3, 2011).
    \3\ See Agifish's submission dated January 3, 2012 at 1. See 
Petitioners' submission dated January 2, 2012 at 1.
    \4\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Preliminary Results of the Eighth Antidumping Duty 
Administrative Review and Ninth New Shipper Reviews, Partial 
Rescission of Review, and Intent to Revoke Order in Part, 77 FR 
56180 (September 12, 2012) (``Preliminary Results'').
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Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review. The 
withdrawal requests filed by the Petitioners and Agifish were submitted 
within the 90 day period and, thus, are timely. Because the withdrawal 
requests were timely submitted and because no other party continues to 
have an outstanding request for review of Agifish, in accordance with 
section 351.213(d)(1) of the Department's regulations, we are partially 
rescinding this review with respect to Agifish.

Assessment Rates

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to assess antidumping duties on all appropriate entries. 
Agifish has a separate rate from a prior segment of this proceeding; 
therefore, antidumping duties shall be assessed at a rate equal to the 
cash deposit of estimated antidumping duties required at the time of 
entry, or withdrawal from warehouse, for consumption during the POR in 
accordance with 19 CFR 351.212(c)(2). The Department intends to issue 
appropriate assessment instructions directly to CBP 15 days after 
publication of this notice.

Notification to Interested Parties

    This notice serves as a preliminary reminder to importers 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 POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), 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.
    We are issuing and publishing this determination in accordance with 
sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: November 30, 2012.
Gary Taverman,
Senior Advisor for Antidumping and Countervailing Duty Operations.
[FR Doc. 2012-29775 Filed 12-7-12; 8:45 am]
BILLING CODE 3510-DS-P