[Federal Register Volume 79, Number 64 (Thursday, April 3, 2014)]
[Notices]
[Pages 18666-18667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07486]
-----------------------------------------------------------------------
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; 2013-2014
AGENCY: Enforcement and Compliance, Formerly Import Administration,
International Trade Administration, Department of Commerce.
DATES: Effective Date: April 3, 2014.
SUMMARY: The Department of Commerce (``the Department'') has received
timely requests for new shipper reviews (``NSRs'') of the antidumping
duty (``AD'') order on certain frozen fish fillets (``fish fillets'')
from the Socialist Republic of Vietnam (``Vietnam''). The Department
has determined that requests meet the statutory and regulatory
requirements for initiation. The period of review (``POR'') for these
NSRs is August 1, 2013, through January 31, 2014.
[[Page 18667]]
FOR FURTHER INFORMATION CONTACT: Steven Hampton, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-0116.
SUPPLEMENTARY INFORMATION:
Background
The AD order on fish fillets from Vietnam was published in the
Federal Register on August 12, 2003.\1\ On February 28, 2014, 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
Nam Phuong Seafood Co., Ltd. and NTACO Corporation (together, ``the
requesting companies'').\2\ The requesting companies certified that
they are the producers and exporters of the subject merchandise upon
which the requests are based.\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 Nam Phuong regarding Request for Bi-Annual
New Shipper Review: Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Review Period 8/1/13-1/31/14, dated February
28, 2014 (``Nam Phuong's NSR Request) and Letter from NTACO
regarding Request for Bi-Annual New Shipper Review Certain Frozen
Fish Fillets From the Socialist Republic of Vietnam: Review Period
8/1/13-1/31/14, dated February 28, 2014 (``NTACO's NSR Request'').
\3\ See Nam Phuong's NSR Request at Exhibit 1 and NTACO's NSR
Request at Exhibit 1.
---------------------------------------------------------------------------
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'').\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 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.\5\ 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.\6\
---------------------------------------------------------------------------
\4\ Id.
\5\ Id.
\6\ Id.
---------------------------------------------------------------------------
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.\7\
---------------------------------------------------------------------------
\7\ See Nam Phuong's NSR Request at Exhibits 2, 3, and 4; and
NTACO's NSR Request at Exhibits 2, 3, and 4.
---------------------------------------------------------------------------
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 requesting companies' sales.\8\
---------------------------------------------------------------------------
\8\ The Department will place the results of the completed CBP
database query along with Nam Phuong's and NTACO's entry documents
on the record shortly after the publication of this notice.
---------------------------------------------------------------------------
Initiation of New Shipper Reviews
Pursuant to section 751(a)(2)(B) of the Act and 19 CFR
351.214(d)(1), and based on the evidence provided by the requesting
companies, we find that the requests submitted by the requesting
companies meet the requirements for initiation of the NSRs for
shipments of fish fillets from Vietnam produced and exported by the
requesting companies.\9\ The POR is August 1, 2013, through January 31,
2014.\10\ Absent a determination that the case is extraordinarily
complicated, the Department intends to issue the preliminary results of
these NSRs within 180 days from the date of initiation and the final
results within 270 days from the date of initiation.\11\
---------------------------------------------------------------------------
\9\ 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 and herein incorporated by reference.
\10\ See 19 CFR 351.214(g)(1)(i)(B).
\11\ See section 751(a)(2)(B)(iv) of the Act.
---------------------------------------------------------------------------
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
that 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 exports of subject
merchandise.
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 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 sales of which are the basis for each new shipper review request,
we will instruct CBP to permit the use of a bond 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).
Dated: March 26, 2014.
Gary Taverman,
Senior Advisor for Antidumping and Countervailing Duty Operations.
[FR Doc. 2014-07486 Filed 4-2-14; 8:45 am]
BILLING CODE 3510-DS-P