[Federal Register Volume 74, Number 20 (Monday, February 2, 2009)]
[Notices]
[Pages 5819-5820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2195]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Certain Frozen Fish Fillets From the Socialist Republic of 
Vietnam: Notice of Final Results of Expedited Sunset Review of 
Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: February 2, 2009.

SUMMARY: On July 1, 2008, the Department of Commerce (``Department'') 
initiated a sunset review of the antidumping duty order on certain 
frozen fish fillets (``fish fillets'') from the Socialist Republic of 
Vietnam (``Vietnam''). On the basis of a notice of intent to 
participate, and an adequate substantive response filed on behalf of 
domestic interested parties, as well as a lack of response from 
respondent interested parties, the Department conducted an expedited 
sunset review. As a result of the sunset review, the Department finds 
that revocation of the antidumping duty order would be likely to lead 
to continuation or recurrence of dumping. The dumping margins are 
identified in the Final Results of Review section of this notice.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey, AD/CVD Operations, 
Office 8, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-2312.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2008, the Department published the notice of initiation 
of the sunset review of the antidumping duty order on fish fillets from 
Vietnam pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (``the Act''). See Initiation of Five-Year (``Sunset'') Review, 
73 FR 37411 (July 1, 2008). On July 16, 2008, the Department received a 
notice of intent to participate from the Catfish Farmers of America 
(``CFA'') and individual U.S. catfish processors, America's Catch, 
Consolidated Catfish Companies, LLC dba Country Select Catfish, Delta 
Pride Catfish, Inc., Harvest Select Catfish, Inc. dba Alabama Catfish 
Inc., Heartland Catfish Company, Magnolia Processing, Inc. dba Pride of 
the Pond, Simmons Farm Raised Catfish, Inc., and Southern Pride Catfish 
Company LLC (collectively, ``Petitioners''). Submissions of the notices 
of intent to participate filed by Petitioners were within the deadline 
specified in section 351.218(d)(1)(i) of the Department's regulations. 
The domestic interested parties claimed interested party status under 
section 771(9)(C) and (G) of the Act as they comprise domestic 
producers of fish fillets in the United States and a trade association 
representative of the industry. On July 31, 2008, the Department 
received a substantive response from the domestic interested parties 
within the deadline specified in section 351.218(d)(3)(i) of the 
Department's regulations. We did not receive responses from any 
respondent interested parties to this proceeding. As a result, pursuant 
to section 751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) 
of the Department's regulations, the Department determined to conduct 
an expedited review of the order.

Scope of the Order

    The product covered by this 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

[[Page 5820]]

 (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), 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 1604.19.4000, 1604.19.5000, 0305.59.4000, 0304.29.6033 (Frozen 
Fish Fillets of the species Pangasius including basa and tra) of the 
Harmonized Tariff Schedule of the United States (``HTSUS'').\1\ This 
Order covers all frozen fish fillets meeting the above specification, 
regardless of tariff classification. Although the HTSUS subheading is 
provided for convenience and customs purposes, our written description 
of the scope of the Order is dispositive.
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    \1\ Until July 1, 2004, these products were classifiable under 
tariff article codes 0304.20.60.30 (Frozen Catfish Fillets), 
0304.20.60.96 (Frozen Fish Fillets, NESOI), 0304.20.60.43 (Frozen 
Freshwater Fish Fillets) and 0304.20.60.57 (Frozen Sole Fillets) of 
the HTSUS. Until February 1, 2007, these products were classifiable 
under tariff article code 0304.20.60.33 (Frozen Fish Fillets of the 
species Pangasius including basa and tra) of the HTSUS.
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Analysis of Comments Received

    All issues raised in this review are addressed in the ``Issues and 
Decision Memorandum'' (``Decision Memorandum'') from John M. Andersen, 
Acting Deputy Assistant Secretary for Import Administration, to Ronald 
K. Lorentzen, Acting Assistant Secretary for Import Administration, 
which is hereby adopted by this notice. The issues discussed in the 
Decision Memorandum include the likelihood of continuation or 
recurrence of dumping and the magnitude of the margins likely to 
prevail if the order were revoked. Parties can find a complete 
discussion of all issues raised in this review and the corresponding 
recommendations in this public memorandum, which is on file in the 
Central Records Unit in room 1117 of the main Commerce building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper 
copy and electronic version of the Decision Memorandum are identical in 
content.

Final Results of Review

    Pursuant to sections 752(c)(1) and (3) of the Act, we determine 
that revocation of the antidumping duty order on fish fillets from 
Vietnam would be likely to lead to continuation or recurrence of 
dumping at the following weighted-average percentage margins:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
             Manufacturers/exporters/producers                  margin
                                                              (percent)
------------------------------------------------------------------------
An Giang Fisheries Import and Export Joint Stock Company           47.05
 (``Agifish'').............................................
Vinh Hoan Company Limited (``Vinh Hoan'')..................        36.84
Nam Viet Company Limited (``Nam Viet'')....................        53.68
Can Tho Agricultural and Animal Products Import Export             45.81
 Company (``CATACO'')......................................
An Giang Agriculture and Food Import Export Company                45.55
 (``Afiex'')...............................................
Can Tho Animal Fishery Products Processing Export                  45.55
 Enterprise (``CAFATEX'')..................................
Da Nang Seaproducts Import-Export Corporation (``Da Nang'')        45.55
Mekongfish Company (``Mekonimex'').........................        45.55
QVD Food Company Limited (``QVD'').........................        45.55
Viet Hai Seafood Company Limited (``Viet Hai'')............        45.55
Vinh Long Import-Export Company (``Vinh Long'')............        45.55
Vietnam-Wide...............................................        63.88
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with section 351.305 of the 
Department's regulations. Timely notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: January 27, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-2195 Filed 1-30-09; 8:45 am]
BILLING CODE 3510-DS-P