[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Notices]
[Pages 47149-47150]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19815]
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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 Seventh 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, 2010, the Department initiated the August 1, 2009,
through July 31, 2010, antidumping duty administrative review on
certain frozen fish fillets from Vietnam. See Initiation of Antidumping
and Countervailing Duty Administrative Reviews and Requests for
Revocation, 75 FR 60076, (September 29, 2010). Based upon requests for
review from various parties, the Department initiated this review with
respect to 26 companies.\1\ On December 27, 2010,
[[Page 47150]]
Agifish withdrew its request for an administrative review. On December
28, 2010, SAMEFICO withdrew its request for an administrative review.
On December 28, 2010, Petitioners \2\ partially withdrew their August
31, 2010, request for an administrative review for four companies.
These companies include: (1) Agifish; (2) Nam Viet; (3) Nam Viet
Corporation; and (4) SAMEFICO. On March 11, 2011, Cadovimex II withdrew
its request for an administrative review. On March 14, 2011,
Petitioners withdrew their review request for Cadovimex II. The
preliminary results of this administrative review are currently due no
later than August 31, 2011.\3\
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\1\ (1) An Giang Fisheries Import and Export Joint Stock Company
(aka Agifish or AnGiang Fisheries Import and Export) (``Agifish'');
(2) Anvifish Co., Ltd.; (3) Anvifish Joint Stock Company (aka
Anvifish JSC); (4) Asia Commerce Fisheries Joint Stock Company (aka
Acomfish JSC) (``Acomfish''); (5) Bien Dong Seafood Co., Ltd.
(``Bien Dong Seafood''); (6) Binh An Seafood Joint Stock Co. (``Binh
An''); (7) Cadovimex II Seafood Import-Export and Processing Joint
Stock Company (aka Cadovimex II) (``Cadovimex II''); (8) Cantho
Import-Export Seafood Joint Stock Company (``CASEAMEX''); (9) CUU
Long Fish Joint Stock Company (aka CL-Fish) (``CL Fish''); (10) East
Sea Seafoods Limited Liability Company (formerly known as East Sea
Seafoods Joint Venture Co., Ltd.); (11) East Sea Seafoods Joint
Venture Co., Ltd.; (12) East Sea Seafoods LLC; (13) Hiep Thanh
Seafood Joint Stock Co. (``Hiep Thanh''); (14) International
Development & Investment Corporation (also known as IDI) (``IDI'');
(15) Nam Viet Company Limited (aka NAVICO) (``Nam Viet''); (16) Nam
Viet Corporation; (17) NTSF Seafoods Joint Stock Company (aka NTSF);
(18) QVD Food Company, Ltd.(``QVD''); (19) QVD Dong Thap Food Co.,
Ltd. (``QVD DT''); (20) Saigon-Mekong Fishery Co., Ltd. (aka
SAMEFICO) (``SAMEFICO''); (21) Southern Fishery Industries Company,
Ltd. (aka South Vina) (``South Vina''); (22) Thien Ma Seafood Co.,
Ltd. (``THIMACO''); (23) Thuan Hung Co., Ltd. (aka THUFICO) (``Thuan
Hung''); (24) Vinh Hoan Corporation (``Vinh Hoan''); (25) Vinh Hoan
Company, Ltd.; and (26) Vinh Quang Fisheries Corporation (``Vinh
Quang'').
\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\ See Certain Frozen Fish Fillets from the Socialist Republic
of Vietnam: Extension of Time Limit for Preliminary Results of the
Seventh Antidumping Duty Administrative Review, 76 FR 206263 (April
13, 2011).
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DATES: Effective Date: August 4, 2011.
FOR FURTHER INFORMATION CONTACT: Alexis Polovina and Javier Barrientos,
Office 9, AD/CVD Operations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
3927 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. Parties
withdrew their review requests with respect to four exporters of
subject merchandise within the 90-day deadline, in accordance with 19
CFR 351.213(d)(1).
Therefore, in accordance with section 351.213(d)(1) of the
Department's regulations, we are partially rescinding this review with
respect to the following companies: (1) Agifish; (2) Nam Viet; (3) Nam
Viet Corporation; and 4) SAMEFICO. The Department is also rescinding
this review with respect to Cadovimex II. Although Cadovimex II's and
Petitioner's March 11, 2011, and March 14, 2011, withdrawal requests
were submitted after the December 28, 2010, 90-day deadline, we will
extend the deadline. In this instance, the Department has not expended
significant resources analyzing Cadovimex II's data, and therefore,
find it reasonable to extend the deadline. See 19 CFR 351.213(d)(1).
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 Agifish, SAMEFICO, and Cadovimex II.
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: Nam Viet and Nam Viet Corporation. The
Department intends to issue liquidation instructions for the Vietnam-
wide entities 15 days after publication of the final results of this
review.
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 Administrative Protective Orders (``APO'')
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance 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: July 29, 2011.
Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2011-19815 Filed 8-3-11; 8:45 am]
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