[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Notices]
[Pages 77169-77170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26503]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Certain Frozen Fish Fillets From the Socialist Republic of 
Vietnam: Continuation of Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping duty (AD) order on certain frozen fish 
fillets (fish fillets) from the Socialist Republic of Vietnam (Vietnam) 
would likely lead to continuation or recurrence of dumping and material 
injury to an industry in the United States, Commerce is publishing a 
notice of continuation of the AD order.

DATES: Applicable December 1, 2020.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2243.

SUPPLEMENTARY INFORMATION:

Background

    On August 12, 2003, Commerce published the AD order on fish fillets 
from Vietnam.\1\
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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) (Order).
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     On October 1, 2019, Commerce published the Notice of Initiation of 
the five-year review of the AD order on fish fillets from Vietnam, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act).\2\ Commerce

[[Page 77170]]

conducted this sunset review on an expedited basis, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), because it 
received a complete, timely, and adequate response from domestic 
interested parties,\3\ but no substantive response from respondent 
interested parties. As a result of its review, Commerce determined that 
revocation of the Order would likely lead to continuation or recurrence 
of dumping. Commerce also notified the ITC of the magnitude of the 
dumping margins likely to prevail should the Order be revoked.\4\ On 
November 24, 2020, the ITC published its determination, pursuant to 
sections 751(c) and 752(a) of the Act, that revocation of the Order 
would likely lead to a continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\5\
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    \2\ See Initiation of Five-Year (Sunset) Reviews, 84 FR 52067 
(October 1, 2019) (Notice of Initiation).
    \3\ The domestic interested parties are the Catfish Farmers of 
America and individual U.S. catfish processors: America's Catch, 
Inc.; Alabama Catfish, LLC d/b/a Harvest Select Catfish, Inc.; 
Consolidated Catfish Companies, LLC d/b/a Country Select Catfish; 
Delta Pride Catfish, Inc.; Guidry's Catfish, Inc.; Heartland Catfish 
Company; Magnolia Processing, Inc. d/b/a Pride of the Pond; and 
Simmons Farm Raised Catfish, Inc.
    \4\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Final Results of the Expedited Third Sunset Review of 
the Antidumping Duty Order, 85 FR 6500 (February 5, 2020).
    \5\ See Certain Frozen Fish Fillets from Vietnam, 85 FR 75034 
(November 24, 2020); see also Certain Frozen Fish Fillets from 
Vietnam, Inv. No. 731-TA-1012 (Third Review), USITC Pub. 5135, dated 
November 2020.
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Scope of the Order

    The product covered by the Order is frozen fish fillets, including 
regular, shank, and strip fillets and portions thereof, whether or not 
breaded or marinated, of the species Pangasius bocourti, Pangasius 
hypophthalmus (also known as Pangasius pangasius) and Pangasius 
micronemus.
    Frozen fish fillets are lengthwise cuts of whole fish. The fillet 
products covered by the scope include boneless fillets with the belly 
flap intact (``regular'' fillets), boneless fillets with the belly flap 
removed (``shank'' fillets) and boneless shank fillets cut into strips 
(``fillet strips/finger''), which include fillets cut into strips, 
chunks, blocks, skewers, or any other shape.
    Specifically excluded from the scope are frozen whole fish (whether 
or not dressed), frozen steaks, and frozen belly-flap nuggets. Frozen 
whole, dressed fish are deheaded, skinned, and eviscerated. Steaks are 
bone-in, cross-section cuts of dressed fish. Nuggets are the belly-
flaps.
    The subject merchandise will be hereinafter referred to as frozen 
``basa'' and ``tra'' fillets, which are the Vietnamese common names for 
these species of fish. These products are classifiable under tariff 
article codes 0304.29.6033, 0304.62.0020, 0305.59.0000, 0305.59.4000, 
1604.19.2000, 1604.19.2100, 1604.19.3000, 1604.19.3100, 1604.19.4000, 
1604.19.4100, 1604.19.5000, 1604.19.5100, 1604.19.6100 and 1604.19.8100 
(Frozen Fish Fillets of the species Pangasius including basa and tra) 
of the Harmonized Tariff Schedule of the United States (HTSUS).
    The Order covers all frozen fish fillets meeting the above 
specifications, regardless of tariff classification. Although the HTSUS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of the Order is dispositive.

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
Commerce hereby orders the continuation of the Order on fish fillets 
from Vietnam.
    U.S. Customs and Border Protection will continue to collect AD cash 
deposits at the rates in effect at the time of entry for all imports of 
subject merchandise. The effective date of the continuation of the 
Order will be the date of publication in the Federal Register of this 
notice of continuation. Pursuant to section 751(c)(2) of the Act and 19 
CFR 351.218(c)(2), Commerce intends to initiate the next sunset review 
of the Order not later than 30 days prior to the fifth anniversary of 
the effective date of continuation.

Notification to Interested Parties

    This five-year sunset review and this notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act and 19 CFR 351.218(f)(4).

    Dated: November 24, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-26503 Filed 11-30-20; 8:45 am]
BILLING CODE 3510-DS-P