[Federal Register Volume 72, Number 47 (Monday, March 12, 2007)]
[Notices]
[Pages 10981-10984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1134]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Certain Frozen Fish Fillets From the Socialist Republic of 
Vietnam: Partial Rescission and Notice of Intent To Rescind, in Part, 
and Partial Extension of Time Limit for Preliminary Results of the 
Third Antidumping Duty Administrative Review

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

DATES: Effective Date: March 12, 2007.

SUMMARY: The Department of Commerce (``Department'') is partially 
rescinding the administrative review with respect to 38 companies, for 
which it received timely withdrawal requests for review for the 
antidumping duty order on certain frozen fish fillets from the 
Socialist Republic of Vietnam (``Vietnam''). The period of review 
(``POR'') covers August 1, 2005, through July 31, 2006. A complete list 
of the companies for which the administrative review is being rescinded 
is provided in the ``Partial Rescission'' section below. Furthermore, 
because nine companies reported that they had no sales or shipments to 
the United States during the POR, we intend to rescind the review of 
these companies. Additionally, for the reasons discussed below, the 
Department is partially extending the preliminary results of this 
administrative review by an additional 90 days, to no later than August 
1, 2007.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson or Michael Holton, 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-
3797 and (202) 482-1324, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 1, 2006, the Department published a notice of an 
opportunity to request an administrative review on the antidumping duty 
order on certain frozen fish fillets from Vietnam. See Antidumping or 
Countervailing Duty Order, Finding, or Suspended Investigation; Notice 
of Opportunity To Request Administrative Review, 71 FR 43441 (August 1, 
2006) (``Notice of Opportunity''); Notice of Antidumping Duty Order: 
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 68 
FR 47909 (August 12, 2003) (``Order''). Pursuant to its Notice of 
Opportunity, and in accordance with section 751(a)(1)(B) of the Tariff 
Act of 1930, as amended (``the Act''), and section 351.213(b) of the 
Department's regulations, on August 31, 2006, the Department received a 
joint request from the Catfish Farmers of America and individual U.S. 
catfish processors (collectively, ``Petitioners'') for a review 
covering 51 exporters/manufacturers. These exporters/manufacturers are: 
Alphasea Co., Ltd. (``Alphasea''); An Giang Agriculture and Foods 
Import Export Company (``Afiex''); An Giang Agriculture Technology 
Service Company (``ANTESCO''); An Giang Fisheries Import and Export 
Joint Stock Company (``Agifish''); An Lac Seafood Co., Ltd.; (``An 
Lac''); ANHACO; Bamboo Food Co., Ltd.; Basa Co., Ltd.; Ben Tre Forestry 
and Aquaproduct Import-Export Company (``FAQUIMEX''); Binh Dinh Import 
Export Company (``Imex Binhdinh''); Blue Sky Co., Ltd.; Cam Ranh 
Seafood Processing Seaprodex Company (``Cam Ranh''); Can Tho 
Agricultural and Animal Products Import Export Company (``CATACO''); 
Cantho Seafood Export (``CASEAFOOD''); Can Tho Animal Fishery Products 
Processing Export Enterprise (``Cafatex''); Da Nang Seaproducts Import-
Export Corporation (``Seaprodex Danang''); Dragon Waves Frozen Food 
Factory Co. (``Dragon''); Duyen Hai Foodstuffs Processing Factory 
(``COSEAFEX''); Geologistics Ltd.; Gepimex 404 Company; Hai Thach 
Trading Services Co., Ltd.; Hai Vuong Co., Ltd.; Hung Vuong Co., Ltd.; 
Kien Giang Ltd.; Mekongfish Company (aka Mekong Fisheries Joint Stock 
Company) (``Mekonimex''); Nam Duong Co., Ltd. (aka KP Khanh Loi or Nam 
Duong Trading Co.); Nam Hai Co., Ltd.; Nam Viet Company Limited 
(``NAVICO''); Nhan Hoa Co., Ltd.; Phan Quan Trading Co., Ltd.; Phu 
Thanh Frozen Factory; Phu Thuan Company; Phuoc My Seafoods Processing 
Factory; Phuong Dong Seafood Co., Ltd.; Quang Dung Food Co., Ltd.; QVD; 
QVD Dong Thap Food Co., Ltd.; Sadec Aquatic Products Import Enterprise 
(``DOCIFISH''); Thanh Viet Co. Ltd.; Thuan Hung Co., Ltd.; Tin Thinh 
Co. Ltd.; Tuan Anh Company Limited; United Seafood Packers Co., Ltd.; 
Van Duc Foods Export Joint Stock Co.; Viet Hai Seafood Company Limited 
(``Vietnam Fish-One''); Vinh Hiep Co., Ltd.; Vinh Hoan Company, Ltd. 
(``Vinh Hoan''); Vinh Long Import-Export Company (``Imex Cuu Long''); 
VN Seafoods Co., Ltd.; Lian Heng Investment Co., Ltd. and Lian Heng 
Trading Co., Ltd. (collectively ``Lian Heng''). Additionally, on August 
31, 2006, the following four exporters/

[[Page 10982]]

manufacturers separately requested a review: CASEAMEX; East Sea 
Seafoods Joint Venture Co., Ltd. (``East Sea''); \1\ QVD; and Vinh 
Hoan.\2\ No other interested party requested a review.
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    \1\ On August 31, 2006, East Sea also separately requested a new 
shipper review (``NSR''), but it withdrew its NSR request on 
November 13, 2006. The Department rescinded East Sea's NSR request 
on January 23, 2007. See Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam: Notice of Rescission of Antidumping 
Duty New Shipper Review, 72 FR 2857 (January 23, 2007).
    \2\ On August 29, 2006, H & N Foods International (``H & N''), a 
U.S.-based importer of the merchandise subject to this 
administrative review, also requested that the Department conduct an 
administrative review of H & N's entries of subject merchandise 
produced and exported by Vinh Hoan.
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    On September 29, 2006, the Department published its notice of 
initiation of an antidumping administrative review on certain frozen 
fish fillets from Vietnam. See Notice of Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 71 FR 57465 (September 29, 
2006) (``Initiation Notice''). We initiated the review covering all 53 
companies for which an administrative review was requested.

Withdrawal of Requests for Review

    On October 25, 2006, CASEAMEX withdrew its request for an 
administrative review. On December 8, 2006, Vinh Hoan withdrew its 
request for an administrative review.\3\ On December 26, 2006, H & N 
withdrew its request for the review of its entries of subject 
merchandise produced and exported by Vinh Hoan. Also on December 26, 
2006, Petitioners withdrew their request for the instant administrative 
review with respect to the following 37 exporters/manufacturers: 
Alphasea; Afiex; ANTESCO; Agifish; An Lac; ANHACO; Bamboo Food Co., 
Ltd.; Basa Co., Ltd.; Imex Binhdinh; Blue Sky Co., Ltd.; Cam Ranh; 
CASEAFOOD; Cafatex; Seaprodex Danang; Dragon; COSEAFEX; Geologistics 
Ltd.; Gepimex 404 Company; Hai Thach Trading Services Co., Ltd.; Hai 
Vuong Co., Ltd.; Kien Giang Ltd.; Mekonimex; Nam Duong Co., Ltd.; Nam 
Hai Co., Ltd.; Nhan Hoa Co., Ltd.; Phan Quan Trading Co., Ltd.; Phu 
Thanh Frozen Factory; Phuoc My Seafoods Processing Factory; Phuong Dong 
Seafood Co., Ltd.; Quang Dung Food Co., Ltd.; Thanh Viet Co. Ltd.; Tin 
Thinh Co. Ltd.; Tuan Anh Company Limited; Vinh Hiep Co., Ltd.; Vinh 
Hoan; Imex Cuu Long; and VN Seafoods Co., Ltd.
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    \3\ Petitioners did not object to CASEAMEX's and Vinh Hoan's 
withdrawal requests. In fact, Petitioners included Vinh Hoan in its 
withdrawal request dated December 26, 2006.
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    Additionally, on December 27, 2006, Petitioners withdrew their 
review request for another exporter/manufacturer: QVD. However, we are 
not rescinding the review with respect to QVD because QVD still has an 
active review request.
    Accordingly, for 38 of the 53 companies for which the Department 
initiated a review, the Department subsequently received timely 
withdrawal requests.

Quantity and Value (``Q&V'') Submission, and Separate-Rate Application/
Certification

    On October 12, 2006, the Department issued a quantity and value 
(``Q&V'') questionnaire to the 53 named companies, requesting the Q&V 
of subject merchandise exported during the POR. In the same letter, the 
Department also provided information for respondents wishing to submit 
a Separate-Rate Application or Separate-Rate Certification.\4\ On 
November 3, 2006, the Department issued a letter to those companies 
that had not submitted a Q&V response granting them a second 
opportunity to submit the Q&V of any exports of subject merchandise to 
the United States during the POR by November 17, 2006.\5\
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    \4\ See Letter with Attachments from Alex Villanueva, Program 
Manager, to All Interested Parties (October 12, 2006). The Q&V 
questionnaire response was originally due on October 26, 2006. The 
due date for the Separate-Rate Application was December 11, 2006, 
and the due date for the Separate-Rate Certification was November 
11, 2006.
    \5\ See Letter with Attachments from Alex Villanueva, Program 
Manager, to All Interested Parties (November 3, 2006). In the 
letter, the Department also extended the deadline to submit the 
Separate-Rate Certification from November 11, 2006, to December 11, 
2006, which coincided with the deadline for the Separate-Rate 
Application.
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    Between October 19, 2006, and November 17, 2006, the Department 
received Q&V questionnaire responses from the following 17 companies: 
Alphasea; Agifish; FAQUIMEX; Seaprodex Da Nang; East Sea; Hung Vuong 
Co., Ltd.; NAVICO; Phu Thuan Company; QVD; DOCIFISH; Thanh Viet Co. 
Ltd.; Thuan Hung Co., Ltd.; United Seafood Packers Co., Ltd.; Van Duc 
Foods Export Joint Stock Co.; Vietnam Fish-One; Vinh Hoan; and Lian 
Heng. Of the 17 companies, the following nine companies stated that 
they did not have sales, shipments, or entries of the subject 
merchandise to the United States during the POR: FAQUIMEX; Hung Vuong 
Co., Ltd.; NAVICO; Phu Thuan Company; DOCIFISH; \6\ Thuan Hung Co., 
Ltd.; United Seafood Packers Co., Ltd.; Van Duc Foods Export Joint 
Stock Co.; and Vietnam Fish-One.
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    \6\ Phu Thuan and DOCIFISH did not file their Q&V responses 
correctly. After we examined entry data furnished by CBP for these 
exporters/manufacturers, we were satisfied that the record does not 
indicate that there were U.S. entries of subject merchandise from 
these companies during the POR. The Department placed the Q&V 
submissions from Phu Thuan and DOCIFISH on the record and notified 
the interested parties on the service list that these two no-
shipment companies did not properly file their submissions and did 
not properly serve interested parties. In addition, Alphasea also 
did not file its response properly. On November 22, 2006, the 
Department issued a letter to Alphasea rejecting its Q&V due to 
filing deficiency and notifying it to resubmit its Q&V questionnaire 
response by December 1, 2006. Alphasea resubmitted its Q&V 
questionnaire response on December 1, 2006.
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    In addition, between November 8, 2006, and December 11, 2006, we 
received five Separate-Rate Certifications from the following 
companies: Agifish; QVD; Seaprodex Danang; Thuan Hung Co., Ltd.; and 
Vinh Hoan, and a Separate-Rate Status Application from East Sea.
    In Petitioners' December 26, 2006, letter, in addition to 
submitting withdrawal requests for 37 exporters/manufacturers, 
Petitioners also submitted comments regarding respondent selection. 
Specifically, Petitioners requested that the Department conduct a 
review of the entries of subject merchandise during the POR for the 
remaining 15 companies.\7\ In addition, Petitioners requested that the 
Department corroborate the shipment information for those companies 
claiming no shipments with the entry information available from U.S. 
Customs and Border Protection (``CBP'').
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    \7\ In addition to Petitioners, withdrawal requests for review 
37 companies, CASEAMEX also withdrew its request for review. With 38 
companies withdrawn from the review, there are 15 remaining 
companies: FAQUIMEX; CATACO; East Sea; Hung Vuong Co. Ltd.; NAVICO; 
Phu Thuan Company; QVD; QVD Dong Thap Food Co., Ltd.; DOCIFISH; 
Thuan Hung Co., Ltd.; United Seafood Packers Co., Ltd.; Van Duc 
Foods Export Joint Stock Co.; Vietnam Fish-One; and Lian Heng (which 
conisists of Lian Heng Investment Co., Ltd and Lian Heng Trading 
Co., Ltd.).
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Partial Rescission

    Pursuant to section 351.213(d)(1) of the Department's regulations, 
the Department may rescind an administrative review, ``if a party who 
requested the review withdraws the request within 90 days of the date 
of publication of notice of initiation of the requested review.''
    Because Petitioners' and certain Respondent requests were timely, 
in accordance with section 351.213(d)(1) of the Department's 
regulations, we are rescinding this review with respect to the 
following 38 companies: Alphasea; Afiex; ANTESCO; Agifish; An Lac; 
ANHACO; Bamboo Food Co., Ltd.; Basa Co., Ltd.; Imex Binhdinh; Blue Sky 
Co.,

[[Page 10983]]

Ltd.; Cam Ranh; CASEAFOOD; Cafatex; CASEAMEX; Seaprodex Danang; Dragon; 
COSEAFEX; Geologistics Ltd.; Gepimex 404 Company; Hai Thach Trading 
Services Co., Ltd.; Hai Vuong Co., Ltd.; Kien Giang Ltd.; Mekonimex; 
Nam Duong Co., Ltd.; Nam Hai Co., Ltd.; Nhan Hoa Co., Ltd.; Phan Quan 
Trading Co., Ltd.; Phu Thanh Frozen Factory; Phuoc My Seafoods 
Processing Factory; Phuong Dong Seafood Co., Ltd.; Quang Dung Food Co., 
Ltd.; Thanh Viet Co. Ltd.; Tin Thinh Co. Ltd.; Tuan Anh Company 
Limited; Vinh Hiep Co., Ltd.; Vinh Hoan; Imex Cuu Long; and VN Seafoods 
Co., Ltd.

Intent to Rescind

    Additionally, nine of the remaining 15 companies indicated no 
shipments, entries, or sales of the subject merchandise to the United 
States during the POR. Pursuant to 19 CFR 351.213(d)(3) of the 
Department's regulations, the Department may rescind an administrative 
review, ``to a particular exporter or producer, if the Secretary 
concludes that, during the period covered by the review, there were no 
entries, exports, or sales of the subject merchandise, as the case may 
be.'' We examined entry data furnished by CBP for these nine exporters/
manufacturers, and are satisfied that the record does not indicate that 
there were U.S. entries of subject merchandise from these nine 
companies during the POR. Accordingly, we intend to rescind this review 
with respect to the following nine companies: FAQUIMEX; Hung Vuong Co., 
Ltd.; NAVICO; Phu Thuan Company; DOCIFISH; Thuan Hung Co., Ltd.; United 
Seafood Packers Co., Ltd.; Van Duc Foods Export Joint Stock Co.; and 
Vietnam Fish-One.
    After the partial rescission of 38 companies and the intent to 
rescind on nine companies, six companies remain in this review: CATACO; 
East Sea; Lian Heng (including Lian Heng Investment Co., Ltd., and Lian 
Heng Trading Co., Ltd.); QVD; and QVD Dong Thap Food Co., Ltd.

Assessment Rates

    The Department will instruct CBP to assess antidumping duties on 
all appropriate entries. For those companies for which this review has 
been rescinded, antidumping duties shall be assessed at rates equal to 
the cash deposit of estimated antidumping duties required at the time 
of entry, or withdrawal from warehouse, for consumption, during the POR 
in accordance with 19 CFR 351.212(c)(1)(i). The Department will issue 
appropriate assessment instructions directly to CBP within 15 days of 
publication of this notice.

Extension of Time Limit for Preliminary Results

    On January 16, 2007, Petitioners submitted a timely request for a 
120-day extension of the preliminary results of this review.\9\ On 
January 19, 2007, East Sea argued that an extension of 120 days is not 
warranted and would be unfair to respondents and, therefore, requested 
that the Department extend the preliminary results deadline by 30 days, 
and in no case more than 60 days. The preliminary results of this 
administrative review are currently due no later than May 3, 2007.
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    \9\ In their January 16, 2007, letter, Petitioners also 
requested that the Department extend the deadline for the submission 
of new factual information by 60 days, or until March 19, 2007. On 
February 8, 2007, the Department issued a letter to all interested 
parties, providing all interested parties the opportunity to provide 
any comments on the Department's surrogate country selection, and to 
submit any information which they believe the Department should 
consider when valuing factors of production in this review. The due 
date for submitting such information is March 19, 2007.
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    Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as 
amended (``Act''), the Department shall issue preliminary results in an 
administrative review of an antidumping duty order within 245 days 
after the last day of the anniversary month of the date of publication 
of the order. The Act further provides, however, that the Department 
may extend that 245-day period to 365 days if it determines it is not 
practicable to complete the review within the foregoing time period.
    The Department finds that it is not practicable to complete the 
preliminary results in the administrative review of certain frozen fish 
fillets from Vietnam within the current time limit. Specifically, it is 
necessary to extend the deadline of the preliminary results because: 
(1) The Department was only recently able to select the respondents for 
this review, on January 5, 2007; (2) the Department will need time to 
collect and analyze questionnaire responses for all mandatory 
respondents \10\ and the non-mandatory respondent, Lian Heng,\11\ and 
issue supplemental questionnaires where necessary; and (3) the 
Department needs additional time to analyze the responses of companies 
who submitted Separate Rate Certifications/Applications. Accordingly, 
the Department finds that additional time is needed in order to 
complete these preliminary results.
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    \10\ On January 5, 2007, the Department selected the following 
two companies as mandatory respondents: QVD and East Sea. See Letter 
from Alex Villanueva, Program Manager, to All Interested Parties 
(Selection of Respondents) (January 5, 2007).
    \11\ Lian Heng is a Cambodian company subject to this review 
pursuant to Circumvention and Scope Inquiries on the Antidumping 
Duty Order on Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam: Partial Affirmative Final Determination of 
Circumvention of the Antidumping Duty Order, Partial Final 
Termination of Circumvention Inquiry and Final Rescission of Scope 
Inquiry, 71 FR 38608 (July 7, 2006).
    On October 25, 2006, Lian Heng submitted a letter to the 
Department arguing that it was inappropriate for Lian Heng to 
respond to the Q&V questionnaire response because its exports of 
frozen fish fillets are products of Cambodia, not Vietnam, and 
therefore, Lian Heng claimed that responding to the questionnaire 
would seem to contradict the country of origin. On November 6, 2006, 
the Department issued a letter to Lian Heng, rejecting Lian Heng's 
October 25, 2006, arguments, and granted Lian Heng a second 
opportunity to submit its Q&V by November 17, 2006. Lian Heng 
submitted its Q&V response on November 17, 2006.
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    Section 751(a)(3)(A) of the Act and section 351.213(h)(2) of the 
Department's regulations allow the Department to extend the deadline 
for the preliminary results to a maximum of 365 days from the last of 
the anniversary month of the order. For the reasons noted above, we are 
partially extending the time for the completion of the preliminary 
results of this review by 90 days until no later than August 1, 2007. 
The deadline for the final results of the administrative review 
continues to be 120 days after the publication of the preliminary 
results.

Notification to Parties

    This notice serves as a reminder to importers of their 
responsibility under section 351.402(f) of the Department's regulations 
to file a certificate regarding the reimbursement of antidumping duties 
prior to liquidation of the relevant entries during this period of 
time. Failure to comply with this requirement could result in the 
Secretary's presumption that reimbursement of antidumping duties 
occurred and subsequent assessment of double antidumping duties.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with section 351.305(a)(3) of the Department's 
regulations. Timely written 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 sanctionable violation.
    This notice is issued and published in accordance with section 
351.213(d)(4) of the Department's regulations and

[[Page 10984]]

sections 751(a)(2)(c) and 777(i)(1) of the Act.

    Dated: March 2, 2007.
Gary S. Taverman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 07-1134 Filed 3-9-07; 8:45 am]
BILLING CODE 3510-DS-P