[Federal Register Volume 77, Number 193 (Thursday, October 4, 2012)]
[Notices]
[Pages 60675-60676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24547]
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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 Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 4, 2012.
SUMMARY: The Department of Commerce (``the Department'') has received a
[[Page 60676]]
timely request for a new shipper review (``NSR'') of the antidumping
duty order on certain frozen fish fillets (``fish'') from the Socialist
Republic of Vietnam (``Vietnam''). The Department has determined that
the request meets the statutory and regulatory requirements for
initiation. The period of review (``POR'') for this NSR is August 1,
2011, through July 31, 2012.
FOR FURTHER INFORMATION CONTACT: Alexander Montoro, 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: 202-482-0238.
SUPPLEMENTARY INFORMATION:
Background
The antidumping duty order on fish from Vietnam was published on
August 12, 2003.\1\ On August 31, 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 a NSR request from Golden
Quality Seafood Corporation (``Golden Quality'').\2\ The requesting
company certified that it is a producer and exporter of the subject
merchandise upon which the request was based.\3\
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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).
\2\ See Request for New Shipper Review: Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam, dated Aug. 31, 2012.
\3\ See id. at 1.
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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 company certified that it did not
export subject merchandise to the United States during the period of
investigation (``POI'').\4\ 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 company certified that, since the initiation of the
investigation, it has 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.\5\ As required by 19 CFR
351.214(b)(2)(iii)(B), the requesting company also certified that its
export activities were not controlled by the central government of
Vietnam.\6\
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\4\ Id. at Ex. 1.
\5\ Id.
\6\ Id.
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In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), the requesting company submitted documentation
establishing the following: (1) The date on which it first shipped
subject merchandise for export to the United States; (2) the volume of
its first shipment; and (3) the date of its first sale to an
unaffiliated customer in the United States.\7\
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\7\ Id. at Exs. 2-4; 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 Review
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR
351.214(d)(1), and based on the documentation provided by Golden
Quality, we find that the request submitted by Golden Quality meets the
threshold requirements for initiation of the NSR for shipments of fish
from Vietnam.\8\ The POR is August 1, 2011, through July 31, 2012.\9\
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.\10\
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\8\ 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.
\9\ See 19 CFR 351.214(g)(1)(i)(A).
\10\ See section 751(a)(2)(B)(iv) of the Act.
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We will instruct U.S. Customs and Border Protection (``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 the requesting company in
accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR
351.214(e). Because Golden Quality certified that it both produced and
exported the subject merchandise, the sale of which is the basis for
the new shipper review request, we will instruct CBP to permit the use
of a bond only for subject merchandise which Golden Quality 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, 19 CFR 351.214, and 19 CFR 351.221(c)(1)(i).
Dated: September 21, 2012.
Gary Taverman,
Senior Advisor for Antidumping and Countervailing Duty Operations.
[FR Doc. 2012-24547 Filed 10-3-12; 8:45 am]
BILLING CODE 3510-DS-P