[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Notices]
[Pages 59915-59916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23786]
-----------------------------------------------------------------------
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; 2012-2013
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective September 30, 2013.
SUMMARY: The Department of Commerce (``the Department'') has received a
timely request for a new shipper review (``NSR'') of the antidumping
duty (``AD'') order on certain frozen fish fillets (``fish fillets'')
from the Socialist Republic of Vietnam (``Vietnam'') that meets the
statutory and regulatory requirements for initiation. The period of
review (``POR'') for this NSR is August 1, 2012, through July 31, 2013.
FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit, 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 AD order on fish fillets from Vietnam was published on August
12, 2003.\1\ On September 3, 2013, pursuant to section 751(a)(2)(B)(i)
of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR
351.214(b), the Department received an NSR request from Thanh Hung Co.,
Ltd. D/B/A Thanh Hung Frozen Seafood Processing Import Export Co., Ltd.
(``Thanh Hung'').\2\ Thanh Hung certified that it is a producer and
exporter of the subject merchandise and that it exported, or has sold
for export, subject merchandise to the United States.\3\
---------------------------------------------------------------------------
\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 Letter from Thanh Hung, re: Request for New Shipper
Review: Certain Frozen Fish Fillets from the Socialist Republic of
Vietnam: Review Period--8/1/12-7/31/13, dated September 3, 2013.
\3\ Id. at 2 and Exhibit 1.
---------------------------------------------------------------------------
Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR
351.214(b)(2)(i), Thanh Hung 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), Thanh Hung 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), Thanh Hung also certified
that its export activities were not controlled by the central
government of Vietnam.\6\
---------------------------------------------------------------------------
\4\ Id.
\5\ Id.
\6\ Id.
---------------------------------------------------------------------------
In addition to the certifications described above, pursuant to 19
CFR 351.214(b)(2)(iv), Thanh Hung 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\
---------------------------------------------------------------------------
\7\ Id. at Exhibits 2, 3, and 4; see also Memorandum to the
File, from Susan Pulongbarit, ``Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Placing CBP Data on the Record''
(``CBP Memo''), dated concurrently with this notice and herein
incorporated by reference.
---------------------------------------------------------------------------
Finally, the Department conducted a U.S. Customs and Border
Protection (``CBP'') database query and confirmed the price, quantity,
date of sale, and date of entry of the sale at issue. In addition, the
Department confirmed that the data on any subsequent shipments
corresponds with the information provided by Thanh Hung.\8\
---------------------------------------------------------------------------
\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'' (``Initiation
Checklist''), dated concurrently with this notice and herein
incorporated by reference; see also CBP Memo.
---------------------------------------------------------------------------
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 Thanh Hung,
we find that the request submitted by Thanh Hung meets the requirements
for initiation of the NSR for shipments of fish fillets from
Vietnam.\9\ The POR is August 1, 2012, through July 31, 2013.\10\
Absent a determination that the case is extraordinarily complicated,
the Department intends to issue the preliminary results of this NSR
within 180 days from the date of initiation and the final results
within 270 days from the date of initiation.\11\
---------------------------------------------------------------------------
\9\ See Initiation Checklist.
\10\ See 19 CFR 351.214(g)(1)(i)(A).
\11\ 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 AD 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 a questionnaire
to Thanh Hung that will include a separate-rate section. The review of
Thanh Hung will proceed if the response provides sufficient indication
that it is not subject to either de jure or de facto government control
with respect to its exports of fish fillets.
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
the requesting company in accordance with section 751(a)(2)(B)(iii) of
the Act and 19 CFR 351.214(e). Because Thanh Hung certified that it
both produced and exported the subject merchandise, the sale of which
is the basis for the new-shipper request for review, we will instruct
CBP to permit the use of a bond only for subject merchandise which
Thanh Hung 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).
[[Page 59916]]
Dated: September 24. 2013.
Gary Taverman,
Senior Advisor for Antidumping and Countervailing Duty Operations.
[FR Doc. 2013-23786 Filed 9-27-13; 8:45 am]
BILLING CODE 3510-DS-P