[Federal Register Volume 76, Number 191 (Monday, October 3, 2011)]
[Notices]
[Pages 61088-61089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25426]
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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 New Shipper Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 3, 2011.
SUMMARY: The Department of Commerce (``Department'') has determined
that the three requests for new shipper reviews of the antidumping duty
order on certain frozen fish fillets from the Socialist Republic of
Vietnam, received between August 3, 2011 and August 16, 2011 meet the
statutory and regulatory requirements for initiation. The period of
review (``POR'') of these new shipper reviews is August 1, 2010-July
31, 2011.
FOR FURTHER INFORMATION CONTACT: Jamie Blair-Walker, 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) 482-2615.
SUPPLEMENTARY INFORMATION:
Background
The antidumping duty order on certain frozen fish fillets from the
Socialist Republic of 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). On August 3, 4, and 16, 2011, respectively, we
received a timely request for a new shipper review from An Phu Seafood
Corporation (``An Phu''), GODACO Seafood Joint Stock Company
(``GODACO''), and DOCIFISH Corporation (``DOCIFISH''). All three new
shipper requests were filed in accordance with 19 CFR 351.214(c) and
351.214(d)(1). On August 25, 2011, An Phu responded to the Department's
August 19, 2011, supplemental questionnaire. The questionnaire and
corresponding response concerned the need for clarification regarding
certain information observed in data obtained by the Department from
U.S. Customs and Border Protection (``CBP''). The Department found no
issue with the response given by An Phu. An Phu, GODACO, and DOCIFISH
have certified that they are both the producers and exporters of the
subject merchandise upon which the requests for the new shipper review
are based.
Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B)(i)(I) of the Tariff Act of 1930,
as amended (``Act''), and 19 CFR 351.214(b)(2), An Phu, GODACO, and
DOCIFISH certified that they did not export certain frozen fish fillets
to the United States during the period of investigation (``POI'').
Pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR
351.214(b)(2)(iii)(A), An Phu, GODACO, and DOCIFISH certified that,
since the initiation of the less-than-fair-value investigation, they
have never been affiliated with any exporter or producer who exported
certain frozen fish fillets to the United States during the POI,
including those not individually examined during the less-than-fair-
value investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), An
Phu, GODACO, and DOCIFISH have also certified that their export
activities are not controlled by the central government of Vietnam.
In addition to the certifications described above, An Phu, GODACO,
and DOCIFISH submitted documentation establishing the following: (1)
The date on which the company first shipped certain frozen fish fillets
for export to the United States and the date on which the certain
frozen fish fillets first entered, or withdrawn from warehouse, for
consumption; (2) the volume of the company's first shipment; and (3)
the date of the company's first sales to an unaffiliated customer in
the United States.
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR
351.214(d)(1), we are initiating these new shipper reviews for
shipments of certain frozen fish fillets from Vietnam produced and
exported by An Phu, GODACO, and DOCIFISH.
[[Page 61089]]
We intend to issue preliminary results of this review no later than
180 days from the date of initiation, and final results of these
reviews no later than 270 days from the date of initiation. See section
751(a)(2)(B)(iv) of the Act.
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
An Phu, GODACO, or DOCIFISH in accordance with section
751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because An Phu,
GODACO, and DOCIFISH certified that they have both produced and
exported the subject merchandise, the sales of which are the bases for
these new shipper review requests, we will apply the bonding privilege
to these three companies only for subject merchandise which the
respondents both produced and exported.
This initiation notice serves as notification to the three
companies that upon initiation of this new shipper review, the
Department will require An Phu, GODACO, and DOCIFISH to submit on an
ongoing basis complete transaction information concerning any sales of
subject merchandise to the United States that were made subsequent to
the period of review in order to assist in its analysis of the bona
fides of the sales of the three companies.
Interested parties requiring access to proprietary information in
these new shipper reviews should submit applications for disclosure
under administrative protective order in accordance with 19 CFR 351.305
and 351.306. This initiation and notice are in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: September 26, 2011.
Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2011-25426 Filed 9-30-11; 8:45 am]
BILLING CODE 3510-DS-P