[Federal Register Volume 75, Number 102 (Thursday, May 27, 2010)]
[Notices]
[Pages 29726-29727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12811]
[[Page 29726]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Notice of Partial Rescission of the Sixth Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
Summary: The Department of Commerce (``Department'') is conducting an
administrative review of the antidumping duty order on certain frozen
fish fillets from the Socialist Republic of Vietnam (``Vietnam''). See
Notice of Antidumping Duty Order: Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam, 68 FR 47909 (August 12, 2003). On
September 22, 2009, the Department initiated the August 1, 2008,
through July 31, 2009, antidumping duty administrative review on
certain frozen fish fillets from Vietnam. See Initiation of Antidumping
and Countervailing Duty Administrative Reviews and Deferral of
Administrative Review, 74 FR 48224, (September 22, 2009). The
Department initiated this review with respect to 22 companies.\1\
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\1\ These companies include: 1) An Giang Fisheries Import and
Export Joint Stock Company (aka Agifish or; AnGiang Fisheries Import
and Export); 2) Anvifish Co., Ltd.; 3) Anvifish Joint Stock Company
(``Anvifish JSC''); 4) Asia Commerce Fisheries Joint Stock Company
(aka Acomfish JSC) (``Acomfish''); 5) Binh An Seafood Joint Stock
Co. (``Binh An''); 6) Cadovimex II Seafood Import-Export and
Processing Joint Stock Company; (aka Cadovimex II) (``Cadovimex
II''); 7) CUU Long Fish Joint Stock Company (aka CL-Fish) (``CL-
Fish''); 8) East Sea Seafoods Limited Liability Company (formerly
known as East Sea Seafoods Joint Venture Co., Ltd.); 9) East Sea
Seafoods Joint Venture co., Ltd. (aka East Sea Seafoods LLC); 10)
Hiep Thanh Seafood Joint Stock Co. (``Hiep Thanh''); 11) Nam Viet
Company Limited (aka NAVICO) (``NAVICO''); 12) NTSF Seafoods Joint
Stock Company (aka NTSF) (``NTSF''); 13) Panga Mekong Co., Ltd.
(``Panga Mekong''); 14) QVD Food Company, Ltd. (``QVD''); 15) QVD
Dong Thap Food Co., Ltd. (``QVD DT''); 16) Saigon-Mekong Fishery
Co., Ltd. (aka SAMEFICO) (``SAMEFICO''); 17) Southern Fishery
Industries Company, Ltd. (aka South Vina); 18) Thien Ma Seafood Co.,
Ltd. (``Thien Ma''); 19) Thuan Hung Co., Ltd. (aka THUFICO) (``Thuan
Hung''); 20) Vinh Hoan Corporation; 21) Vinh Hoan Company, Ltd. and;
22) Vinh Quang Fisheries Corporation (``Vinh Quang'').
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On January 7, 2010, QVD withdrew its request for an administrative
review. On January 8, 2010, Anvifish JSC withdrew its request for an
administrative review. On January 8, 2010, Petitioners\2\ partially
withdrew their August 31, 2009, request for an administrative review
for 13 companies, including Vinh Quang.\3\ However, the Department will
continue the administrative review with respect to Vinh Quang as this
exporter did not withdraw its request and the company was chosen as a
mandatory respondent.\4\ The preliminary results of this administrative
review are currently due no later than August 8, 2010.\5\
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\2\ Catfish Farmers of America and individual U.S. catfish
processors, America's Catch, Consolidated Catfish Companies, LLC dba
Country Select Catfish, Delta Pride Catfish, Inc., Harvest Select
Catfish, Inc., Heartland Catfish Company, Pride of the Pond, and
Simmons Farm Raised Catfish, Inc.
\3\ These companies include: 1) Cadovimex II; 2) CL-Fish; 3)
Hiep Thanh; 4) NAVICO; 5) NTSF; 6) Panga Mekong; 7) QVD; 8)
SAMEFICO; 9) Thien Ma; 10) Thuan Hung; 11) Vinh Quang; 12) QVD DT,
and; 13) Anvifish.
\4\ See Memorandum to James C. Doyle, Office 9 Director, through
Alex Villanueva, Office 9 Program Manager, from Emeka Chukwudebe,
Case Analyst, dated January 29, 2010, Antidumping Duty
Administrative Review of Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam (``Vietnam''): Replacement of
Mandatory Respondent (``Replacement of Mandatory Respondent Memo'').
\5\ See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Extension of Time Limit for Preliminary Results of the
6th Antidumping Duty Administrative and 6th New Shipper Reviews, 75
FR 20983 (April 22, 2010).
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EFFECTIVE DATE: May 27, 2010.
FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe and Javier
Barrientos, Office 9, AD/CVD Operations, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14\th\
Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202) 482-0219 and (202) 482-2243, respectively.
Partial Rescission of Review
The applicable regulation, 19 CFR 351.213(d)(1), states that if a
party that requested an administrative review withdraws the request
within 90 days of the publication of the notice of initiation of the
requested review, the Secretary will rescind the review. Petitioners
withdrew their review request with respect to 13 exporters of subject
merchandise within the 90-day deadline, in accordance with 19 CFR
351.213(d)(1). Respondents, QVD and Anvifish, also withdrew their
respective requests for review within the 90-day deadline.
Therefore, in accordance with 19 CFR 351.213(d)(1), we are
partially rescinding this review with respect to the following
companies: Cadovimex II; CL-Fish; Hiep Thanh; NAVICO; NTSF; Panga
Mekong; QVD; QVD DT; Thuan Hung; SAMEFICO; Thien Ma; Anvifish Co.,
Ltd.; and Anvifish JSC.\6\
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\6\ On October, 13, 2010, Binh An and Acomfish submitted no
shipment certifications. However, we will address these claims and
any possible rescission thereof, in the preliminary results.
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Assessment Rates
The Department will instruct U.S. Customs and Border Protection
(``CBP'') to assess antidumping duties on all appropriate entries. For
those companies for which this review has been rescinded and which have
a separate rate from a prior segment of this proceeding, antidumping
duties shall be assessed at rates equal to the cash deposit of
estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, in accordance with 19 CFR
351.212(c)(2). Accordingly, the Department intends to issue appropriate
assessment instructions directly to CBP 15 days after publication of
this notice for the following companies; QVD; QVD DT; Thuan Hung; Hiep
Thanh; Cadovimex II; SAMEFICO; and Anvifish Co., Ltd.
The Department cannot order liquidation for companies which,
although they are no longer under review as a separate entity, may
still be under review as part of the Vietnam-wide entity. Therefore,
the Department cannot, at this time, order liquidation of entries for
the following companies: CL-Fish; NAVICO; NTSF; Panga Mekong; Thien Ma;
and Anvifish JSC.\7\ The Department intends to issue liquidation
instructions for the Vietnam-wide entities 15 days after publication of
the final results of this review.
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\7\ In its January 8, 2010, withdrawal letter, Anvifish JSC
claims that it is also known as Anvifish Co., Ltd. (the company
presently assigned a separate rate). However, there is no
information on the record establishing that Anvifish JSC was
assigned a separate rate in a prior segment of this proceeding.
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Notification to Importers
This notice serves as a final reminder to importers for whom this
review is being rescinded, as of the publication date of this notice,
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 review period. Failure
to comply with this requirement could result in the Secretary's
presumption that reimbursement of the antidumping duties occurred and
the subsequent assessment of double antidumping duties.
Notification Regarding APOs
This notice also serves as a reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance
[[Page 29727]]
with 19 CFR 351.305, 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.
This notice is issued and published in accordance with section
777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR
351.213(d)(4).
Dated: May 19, 2010.
John M. Andersen,
Acting Deputy Assistant Secretaryfor Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-12811 Filed 5-26-10; 8:45 am]
BILLING CODE 3510-DS-S