[Federal Register Volume 74, Number 131 (Friday, July 10, 2009)]
[Notices]
[Page 33208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16498]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Continuation of Antidumping Duty Order on Certain Frozen Fish
Fillets From the Socialist Republic of Vietnam
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: July 10, 2009.
SUMMARY: As a result of the determinations by the Department of
Commerce (``Department'') and the International Trade Commission
(``ITC'') that revocation of the antidumping duty order on certain
frozen fish fillets from the Socialist Republic of Vietnam
(``Vietnam'') would likely lead to a continuation or recurrence of
dumping and material injury to an industry in the United States, the
Department is publishing a notice of continuation of the antidumping
duty order.
FOR FURTHER INFORMATION CONTACT: Matthew Renkey, AD/CVD Operations,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street & Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-2312.
SUPPLEMENTARY INFORMATION: On July 1, 2008, the Department published
the notice of initiation of the sunset review of the antidumping duty
order on certain frozen fish fillets from Vietnam pursuant to section
751(c) of the Tariff Act of 1930, as amended (``Act''). See Initiation
of Five-year (``Sunset'') Review, 73 FR 37411 (July 1, 2008).
As a result of its review, the Department determined that
revocation of the antidumping duty order on certain frozen fish fillets
from Vietnam would likely lead to a continuation or recurrence of
dumping and, therefore, notified the ITC of the magnitude of the
margins likely to prevail should the order be revoked. See Certain
Frozen Fish Fillets from the Socialist Republic of Vietnam: Notice of
Final Results of Expedited Sunset Review of Antidumping Duty Order, 74
FR 5819 (February 2, 2009).
On July 6, 2009, the ITC determined, pursuant to section 751(c) of
the Act, that revocation of the antidumping duty order on certain
frozen fish fillets from Vietnam would likely lead to a continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable future. See Certain Frozen Fish Fillets
from Vietnam; Determination, 74 FR 31975 (July 6, 2009), and USITC
Publication 4083 (June 2009).
Scope of the Order
The product covered by this Order is frozen fish fillets, including
regular, shank, and strip fillets and portions thereof, whether or not
breaded or marinated, of the species Pangasius Bocourti, Pangasius
Hypophthalmus (also known as Pangasius Pangasius), and Pangasius
Micronemus. Frozen fish fillets are lengthwise cuts of whole fish. The
fillet products covered by the scope include boneless fillets with the
belly flap intact (``regular'' fillets), boneless fillets with the
belly flap removed (``shank'' fillets), boneless shank fillets cut into
strips (``fillet strips/finger''), which include fillets cut into
strips, chunks, blocks, skewers, or any other shape. Specifically
excluded from the scope are frozen whole fish (whether or not dressed),
frozen steaks, and frozen belly-flap nuggets. Frozen whole dressed fish
are deheaded, skinned, and eviscerated. Steaks are bone-in, cross-
section cuts of dressed fish. Nuggets are the belly-flaps. The subject
merchandise will be hereinafter referred to as frozen ``basa'' and
``tra'' fillets, which are the Vietnamese common names for these
species of fish. These products are classifiable under tariff article
codes 1604.19.4000, 1604.19.5000, 0305.59.4000, 0304.29.6033 (Frozen
Fish Fillets of the species Pangasius including basa and tra) of the
Harmonized Tariff Schedule of the United States (``HTSUS'').\1\ This
Order covers all frozen fish fillets meeting the above specification,
regardless of tariff classification. Although the HTSUS subheading is
provided for convenience and customs purposes, our written description
of the scope of the Order is dispositive.
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\1\ Until July 1, 2004, these products were classifiable under
tariff article codes 0304.20.60.30 (Frozen Catfish Fillets),
0304.20.60.96 (Frozen Fish Fillets, NESOI), 0304.20.60.43 (Frozen
Freshwater Fish Fillets) and 0304.20.60.57 (Frozen Sole Fillets) of
the HTSUS. Until February 1, 2007, these products were classifiable
under tariff article code 0304.20.60.33 (Frozen Fish Fillets of the
species Pangasius including basa and tra) of the HTSUS.
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Continuation of the Order
As a result of these determinations by the Department and the ITC
that revocation of the antidumping duty order would likely lead to a
continuation or recurrence of dumping and material injury to an
industry in the United States, pursuant to section 751(d)(2) of the
Act, the Department hereby orders the continuation of the antidumping
order on certain frozen fish fillets from Vietnam. United States
Customs and Border Protection will continue to collect antidumping duty
cash deposits at the rates in effect at the time of entry for all
imports of subject merchandise. The effective date of the continuation
of the order will be the date of publication in the Federal Register of
this notice of continuation. Pursuant to section 751(c)(2) of the Act,
the Department intends to initiate the next five-year review of the
order not later than 30 days prior to the fifth anniversary of the
effective date of continuation.
This five-year (sunset) review and this notice are in accordance
with section 751(c) of the Act and published pursuant to section
777(i)(1) of the Act.
Dated: July 7, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-16498 Filed 7-9-09; 8:45 am]
BILLING CODE 3510-DS-P