[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Notices]
[Pages 18957-18958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07253]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Certain Frozen Fish Fillets From the Socialist Republic of 
Vietnam: Initiation of Antidumping Duty New Shipper Review; 2012-2013

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

DATES: Effective Date: March 28, 2013.
SUMMARY: The Department of Commerce (``the Department'') has received a 
timely request for a new shipper review (``NSR'') of the antidumping 
duty (``AD'') order on certain frozen fish fillets (``fish fillets'') 
from the Socialist Republic of Vietnam (``Vietnam''). The Department 
has determined that the request meets the statutory and regulatory 
requirements for initiation. The period of review (``POR'') for this 
NSR is August 1, 2012, through January 31, 2013.

FOR FURTHER INFORMATION CONTACT: Alexander Montoro, 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: 202-482-0238.

SUPPLEMENTARY INFORMATION:

Background

    The AD order on fish fillets from Vietnam was published on August 
12, 2003.\1\ On February 26, 2013, pursuant to section 751(a)(2)(B)(i) 
of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR 
351.214(b), the Department received a NSR request from Ngoc Ha Co. Ltd. 
Food Processing and Trading (``Ngoc Ha'').\2\ Ngoc Ha certified that it 
is a producer and exporter of the subject merchandise and that it 
exported, or has sold for export, subject merchandise to the United 
States.\3\
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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).
    \2\ See Letter from Ngoc Ha, ``Re: Certain Frozen Fish Fillets 
from the Socialist Republic of Vietnam: Request for New Shipper 
Review,'' dated February 26, 2013.
    \3\ See Id. at 1-2 and at Exhibit 1.
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    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Ngoc Ha certified that it did not export subject 
merchandise to the United States during the period of investigation 
(``POI'').\4\ In addition, pursuant to section 751(a)(2)(B)(i)(II) of 
the Act and 19 CFR 351.214(b)(2)(iii)(A), Ngoc Ha 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 investigation.\5\ As required by 19 
CFR 351.214(b)(2)(iii)(B), Ngoc Ha also certified that its export 
activities were not controlled by the central government of Vietnam.\6\
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    \4\ Id. at Exhibit 2.
    \5\ Id.
    \6\ Id.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Ngoc Ha submitted documentation establishing the 
following: (1) The date on which it 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.\7\
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    \7\ Id. at Exhibit 1; See also Memorandum to the File from Scot 
Fullerton, Program Manager, ``Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam: Placing CBP data on the record,'' 
dated concurrently with this notice.
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    Finally, the Department conducted a U.S. Customs and Border 
Protection (``CBP'') database query and confirmed the price, quantity, 
date of sale, and date of entry of the sale at issue. In addition, the 
Department confirmed that the data on any subsequent shipments 
corresponds with the information provided by Ngoc Ha.\8\
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    \8\ See Memorandum to the File from Scot Fullerton, Program 
Manager, ``Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: New Shipper Initiation Checklists,'' dated concurrently 
with this notice; see also Memorandum to the File from Scot 
Fullerton, Program Manager, ``Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam: Placing CBP data on the record,'' 
dated concurrently with this notice.
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Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), and based on the documentation provided by Ngoc Ha, we 
find that the request submitted by Ngoc Ha meets the requirements for 
initiation of the NSR for shipments of fish fillets from Vietnam.\9\ 
The POR is August 1, 2012, through January 31, 2013.\10\ Absent a 
determination that the case is extraordinarily complicated, the 
Department intends to issue the preliminary results of this NSR within 
180 days from the date of initiation and the final results within 270 
days from the date of initiation.\11\
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    \9\ See Memorandum to the File from Scot Fullerton, Program 
Manager, ``Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: New Shipper Initiation Checklist,'' dated concurrently 
with this notice.
    \10\ See 19 CFR 351.214(g)(1)(i)(B).
    \11\ See section 751(a)(2)(B)(iv) of the Act.
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    It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish 
eligibility for an AD 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 Ngoc Ha that will include a separate-rate section. The review of 
Ngoc Ha will proceed if the response provides sufficient indication 
that it is not subject to either de jure or de facto government control 
with respect to its exports of fish fillets.
    We will instruct CBP 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 
the requesting company in accordance with section 751(a)(2)(B)(iii) of 
the Act and 19 CFR 351.214(e). Because Ngoc Ha certified that it both 
produced and exported the subject merchandise, the sale of which is the 
basis for the new-shipper request for review, we will instruct CBP to 
permit the use of a bond only for subject merchandise which Ngoc Ha 
both produced and exported.
    Interested parties requiring access to proprietary information in 
this NSR should submit applications for

[[Page 18958]]

disclosure under administrative protective order, in accordance with 19 
CFR 351.305 and 19 CFR 351.306.
    This initiation and notice are in accordance with section 
751(a)(2)(B) of the Act, 19 CFR 351.214, and 19 CFR 351.221(c)(1)(i).

    Dated: March 21, 2013.
Gary Taverman,
Senior Advisor for Antidumping and Countervailing Duty Operations.
[FR Doc. 2013-07253 Filed 3-27-13; 8:45 am]
BILLING CODE 3510-DS-P