[Federal Register Volume 77, Number 64 (Tuesday, April 3, 2012)]
[Notices]
[Pages 20008-20009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7979]
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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.
DATES: Effective Date: April 3, 2012.
SUMMARY: The Department of Commerce (the ``Department'') has determined
that requests for four new shipper reviews (``NSRs'') of the
antidumping duty order on certain frozen fish fillets (``fish'') from
the Socialist Republic of Vietnam (``Vietnam'') meet the statutory and
regulatory requirements for initiation. The period of review (``POR'')
for these NSRs is August 1, 2011, through January 31, 2012.
FOR FURTHER INFORMATION CONTACT: Seth Isenberg, 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: 202-482-0588.
SUPPLEMENTARY INFORMATION:
Background
The antidumping duty order on fish from Vietnam was published in
the Federal Register on August 12, 2003.\1\ On February 15, and 28,
2012, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as
amended (the ``Act''), and 19 CFR 351.214, the Department received NSR
requests from Quang Minh Seafood Co., Ltd., Dai Thanh Seafoods Company
Limited, Fatifish Company Limited, and Hoang Long Seafood Processing
Co., Ltd. (collectively, ``requesting companies''). The requesting
companies certified that they are producers and exporters of the
subject merchandise upon which the requests were based.
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\1\ See Notice of Antidumping Duty Order: Certain Frozen Fish
Fillets From the Socialist Republic of Vietnam, 68 FR 47909 (August
12, 2003).
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Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), the requesting companies 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), the
requesting companies certified that, since 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), the requesting companies 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), the requesting companies submitted documentation
establishing the following: (1) The date on which they first shipped
subject merchandise for export to the United States; (2) the volume of
their first shipment; and (3) the date of their first sale to an
unaffiliated customer in the United States.\2\
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\2\ See also ``Memorandum to the File, from Scot Fullerton,
Program Manager, ``Certain Frozen Fish Fillets From the Socialist
Republic of Vietnam: Placing CBP data on the record,'' dated
concurrently with this notice.
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Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR
351.214(d)(1), we find that the requests submitted by the requesting
companies meet the threshold requirements for initiation of NSRs for
shipments of fish from Vietnam produced and exported by the requesting
companies.\3\ The POR is August 1, 2011, through January 31, 2012.\4\
The Department intends to issue the preliminary results of these NSRs
no later than 180 days from the date of initiation, and the final
results no later than 270 days from the date of initiation.\5\
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\3\ See ``Memorandum to the File, from Scot Fullerton, Program
Manager, ``Certain Frozen Fish Fillets From the Socialist Republic
of Vietnam: New Shipper Initiation Checklists,'' dated concurrently
with this notice.
\4\ See 19 CFR 351.214(g)(1)(i)(B).
\5\ See section 751(a)(2)(B)(iv) of the Act.
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It is the Department's usual practice, in cases involving non-
market economies (``NMEs''), to require that a company seeking to
establish eligibility for an antidumping duty rate separate from the
NME entity-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 the requesting companies,
which will include a section requesting information with regard to the
requesting companies' export activities for separate rate purposes.
Each NSR will proceed if the responses provide sufficient indication
that the requesting companies are not subject to either de jure or de
facto government control with respect to their 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 the requesting companies in accordance
with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e).
Because the requesting companies certified that they both produced and
exported the subject merchandise, the sale of which is the basis for
each new shipper review request, we will apply the bonding privilege to
the requesting companies only for subject merchandise which the
requesting companies both produced and exported.
Interested parties requiring access to proprietary information in
these NSRs 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, 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i).
[[Page 20009]]
Dated: March 28, 2012.
Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2012-7979 Filed 4-2-12; 8:45 am]
BILLING CODE 3510-DS-P