[Federal Register Volume 79, Number 191 (Thursday, October 2, 2014)]
[Notices]
[Pages 59476-59477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23562]


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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; 2013-2014

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: October 2, 2014.
SUMMARY: The Department of Commerce (``the Department'') 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 
determines that the request meets the statutory and regulatory 
requirements for initiation. The period of review (``POR'') for this 
NSR is August 1, 2013, through July 31, 2014.

FOR FURTHER INFORMATION CONTACT: Alexander Montoro, AD/CVD Operations, 
Office V, Enforcement and Compliance, 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 in the 
Federal Register on August 12, 2003.\1\ On September 2, 2014, 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 BASA Joint Stock Company (``BASACO'').\2\ BASACO certified that it 
is a producer and exporter of the subject merchandise and that it 
exported, or has sold for export,

[[Page 59477]]

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 BASACO, ``Request for New Shipper Review: 
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam--
8/1/13-7/31/14,'' dated September 2, 2014.
    \3\ Id. at 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), BASACO 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), BASACO 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), BASACO 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), BASACO 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 2-4.
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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.\8\
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    \8\ The Department will place the results of the completed CBP 
database query along with BASACO's entry documents on the record 
shortly after the publication of 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 evidence provided by BASACO, we find 
that the request submitted by BASACO meets the requirements for 
initiation of the NSR for shipments of fish fillets from Vietnam 
produced and exported by BASACO.\9\ The POR is August 1, 2013, through 
July 31, 2014.\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 Alexander Montoro, 
International Trade Compliance Analyst, ``Initiation of Antidumping 
Duty New Shipper Review: Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam (A-552-801)'' dated concurrently with 
and hereby adopted by 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 economy countries, 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 BASACO that will include a section requesting 
information with regard to BASACO's export activities for separate rate 
purposes. The review of BASACO 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 BASACO certified that it both 
produced and exported the subject merchandise, the sale of which is the 
basis for the NSR request, we will instruct CBP to permit the use of a 
bond only for subject merchandise which BASACO 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 published in accordance with section 
751(a)(2)(B) of the Act, 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: September 24, 2014.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2014-23562 Filed 10-1-14; 8:45 am]
BILLING CODE 3510-DS-P