[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Notices]
[Pages 59915-59916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23786]


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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 September 30, 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'') that meets the 
statutory and regulatory requirements for initiation. The period of 
review (``POR'') for this NSR is August 1, 2012, through July 31, 2013.

FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit, 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 September 3, 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 an NSR request from Thanh Hung Co., 
Ltd. D/B/A Thanh Hung Frozen Seafood Processing Import Export Co., Ltd. 
(``Thanh Hung'').\2\ Thanh Hung 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 Thanh Hung, re: Request for New Shipper 
Review: Certain Frozen Fish Fillets from the Socialist Republic of 
Vietnam: Review Period--8/1/12-7/31/13, dated September 3, 2013.
    \3\ Id. at 2 and 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), Thanh Hung 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), Thanh Hung 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), Thanh Hung also certified 
that its export activities were not controlled by the central 
government of Vietnam.\6\
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    \4\ Id.
    \5\ Id.
    \6\ Id.
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    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Thanh Hung 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 Exhibits 2, 3, and 4; see also Memorandum to the 
File, from Susan Pulongbarit, ``Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam: Placing CBP Data on the Record'' 
(``CBP Memo''), dated concurrently with this notice and herein 
incorporated by reference.
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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 Thanh Hung.\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'' (``Initiation 
Checklist''), dated concurrently with this notice and herein 
incorporated by reference; see also CBP Memo.
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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 Thanh Hung, 
we find that the request submitted by Thanh Hung meets the requirements 
for initiation of the NSR for shipments of fish fillets from 
Vietnam.\9\ The POR is August 1, 2012, through July 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 Initiation Checklist.
    \10\ See 19 CFR 351.214(g)(1)(i)(A).
    \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 Thanh Hung that will include a separate-rate section. The review of 
Thanh Hung 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 Thanh Hung 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 
Thanh Hung both produced and exported.
    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 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).


[[Page 59916]]


     Dated: September 24. 2013.
Gary Taverman,
Senior Advisor for Antidumping and Countervailing Duty Operations.
[FR Doc. 2013-23786 Filed 9-27-13; 8:45 am]
BILLING CODE 3510-DS-P