[Federal Register Volume 75, Number 59 (Monday, March 29, 2010)]
[Notices]
[Pages 15416-15417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6898]
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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 Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: March 29, 2010.
SUMMARY: The Department of Commerce (``Department'') has determined
that two requests for a new shipper review (``NSR'') of the antidumping
duty order on certain frozen fish fillets (``fish fillets'') from the
Socialist Republic of Vietnam (``Vietnam''), received on February 19,
2010, and February 24, 2010, meet the statutory and regulatory
requirements for initiation. The period of review (``POR'') for the two
NSRs is August 1, 2009, through February 15, 2010.
FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe, 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: 202-482-0219.
SUPPLEMENTARY INFORMATION:
Background
The notice announcing the antidumping duty order on fish fillets
from Vietnam was published in the Federal Register on August 12, 2003.
See Notice of Antidumping Duty Order: Certain Frozen Fish Fillets From
the Socialist Republic of Vietnam, 68 FR 47909 (August 12, 2003)
(``Antidumping Duty Order''). On February 19, 2010, and on February 24,
2010, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as
amended (``Act''), and 19 CFR 351.214(c), the Department received two
NSR requests from Thien Ma Seafood Company, Ltd. (``Thien Ma'') and
International Development & Investment Corporation (``IDI''),
respectively. Thien Ma and IDI's requests were properly made during
February 2010, which is the semi-annual anniversary of the Antidumping
Duty Order. In response to inquiries from the Department, Thien Ma and
IDI also submitted amendments to their initial NSR requests on March
17, 2010, and March 19, 2010, respectively. In this instance, IDI's
sale of subject merchandise was made during the POR specified by the
Department's regulations but the shipment entered within 15 days after
the end of the POR. The Department finds that extending the POR to
capture this entry would not prevent the completion of the review
within the time limits set by the Department's regulations. Therefore,
the Department has extended the POR for the new shipper review of IDI
by 15 days. Thien Ma and IDI certified that they are both the producer
and exporter of the subject merchandise upon which the requests were
based. Thien Ma and IDI also submitted public versions of their
requests, which adequately summarized proprietary information and
provided explanations as to why certain proprietary information is not
capable of summarization.
Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), Thien Ma and IDI certified that they did not export
subject merchandise to the United States during the period of
investigation (``POI''). In addition, pursuant to section
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Thien
Ma and IDI certified that, since
[[Page 15417]]
the initiation of the investigation, they have 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. As
required by 19 CFR 351.214(b)(2)(iii)(B), Thien Ma and IDI also
certified that their export activities were not controlled by the
central government of Vietnam.
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Thien Ma and IDI submitted documentation
establishing the following: (1) the date on which Thien Ma and IDI
first shipped subject merchandise for export to the United States and;
(2) the volume of their first shipment; and (3) the date of their first
sale to an unaffiliated customer in the United States.
The Department conducted U.S. Customs and Border Protection
(``CBP'') database queries in an attempt to confirm that Thien Ma and
IDI's shipments of subject merchandise had entered the United States
for consumption and that liquidation of such entries had been properly
suspended for antidumping duties. The Department also examined whether
the CBP data confirmed that such entries were made during the NSR POR.
The information we examined was consistent with that provided by Thien
Ma and IDI.
Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B) of the Tariff Act of 1930, as
amended (the ``Act'') and 19 CFR 351.214(d)(1), we find that the
requests submitted by Thien Ma and IDI meet the threshold requirements
for initiation of a new shipper review for shipments of fish fillets
from Vietnam produced and exported by Thien Ma and IDI. See
``Memorandum to the File From Emeka Chukwudebe, Case Analyst, New
Shipper Initiation Checklist: Certain Frozen Fish Fillets From Vietnam
(A-552-801),'' dated concurrently with this notice. The POR is August
1, 2009, through January 31, 2010. See 19 CFR 351.214(g)(1)(i)(B). The
Department intends to issue the preliminary results of this NSR no
later than 180 days from the date of initiation, and the final results
no later than 270 days from the date of initiation. See section
751(a)(2)(B)(iv) of the Act.
It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish
eligibility for an antidumping duty 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 questionnaires to Thien Ma and IDI, which will include a section
requesting information with regard to Thien Ma and IDI's export
activities for separate rates purposes. The review will proceed if the
response provides sufficient indication that Thien Ma and IDI are not
subject to either de jure or de facto government control with respect
to its export of subject merchandise.
We will instruct U.S. Customs and Border Protection 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 Thien Ma and IDI in accordance with
section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because
Thien Ma and IDI certified that they both produced and exported the
subject merchandise, the sale of which is the basis for this new
shipper review request, we will apply the bonding privilege to Thien Ma
and IDI only for subject merchandise which Thien Ma and IDI 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 and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i).
Dated: March 23, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2010-6898 Filed 3-26-10; 8:45 am]
BILLING CODE 3510-DS-S