13416 Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Notices 

1Therefore, a request for a NSR based on the 

annual anniversary month, February, was due to the 

Department by February 28, 2009. See 19 CFR 

351.214(d)(1). 

Act in lieu of a cash deposit is not 

available in this case. Importers of fish 

fillets from Vietnam manufactured and/ 

or exported by NTSF must continue to 

post cash deposits of estimated 

antidumping duties on each entry of 

subject merchandise at the current 

Vietnam-wide rate of 63.88 percent. 

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 351.306. 

This initiation and notice are 

published in accordance with section 

751(a)(2)(B) of the Act and 19 CFR 

351.214 and 351.221(c)(1)(i). 

Dated: March 24, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–6909 Filed 3–26–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

A–552–802 

Certain Frozen Warmwater Shrimp 

from the Socialist Republic of Vietnam: 

Initiation of Antidumping Duty New 

Shipper Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: March 27, 2009. 

SUMMARY: The Department of Commerce 

(‘‘Department’’) has determined that a 

request for a new shipper review 

(‘‘NSR’’) of the antidumping duty order 

on certain frozen warmwater shrimp 

(‘‘shrimp’’) from the Socialist Republic 

of Vietnam (‘‘Vietnam’’), received on 

February 26, 2009, meets the statutory 

and regulatory requirements for 

initiation. The period of review (‘‘POR’’) 

for this NSR is February 1, 2008 January 

31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Irene Gorelik, AD/CVD Operations, 

Office 9, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, N.W., 

Washington, D.C. 20230; telephone: 

202–482–6905. 

SUPPLEMENTARY INFORMATION: 

Background 

The notice announcing the 

antidumping duty order on shrimp from 

Vietnam was published in the Federal 

Register on February 1, 2005. See Notice 

of Amended Final Determination of 

Sales at Less Than Fair Value and 

Antidumping Duty Order: Certain 

Frozen Warmwater Shrimp From the 

Socialist Republic of Vietnam, 70 FR 

5152 (February 1, 2005).1 On February 

26, 2009, pursuant to section 

751(a)(2)(B)(i) of the Tariff Act of 1930, 

as amended (‘‘Act’’), and 19 CFR 

351.214(c), the Department received a 

NSR request from Nhat Duc Co., Ltd. 

(‘‘Nhat Duc’’). Nhat Duc certified that it 

produces and exports the subject 

merchandise upon which the request 

was based. On March 3, 2009, Nhat Duc 

resubmitted the public version of its 

February 26, 2009, request because of 

bracketing errors. See Nhat Duc’s 

revised public version, dated March 3, 

2009. 

Pursuant to section 751(a)(2)(B)(i)(I) of 

the Act and 19 CFR 351.214(b)(2)(i), 

Nhat Duc certified that it did not export 

shrimp to the United States during the 

period of investigation (‘‘POI’’). In 

addition, pursuant to section 

751(a)(2)(B)(i)(II) of the Act and 19 CFR 

351.214(b)(2)(iii)(A), Nhat Duc certified 

that, since the initiation of the 

investigation, it has never been affiliated 

with any Vietnamese exporter or 

producer who exported shrimp to the 

United States during the POI, including 

those not individually examined during 

the investigation. As required by 19 CFR 

351.214(b)(2)(iii)(B), Nhat Duc also 

certified that its export activities were 

not controlled by the central 

government of Vietnam. 

In addition to the certifications 

described above, pursuant to 19 CFR 

351.214(b)(2)(iv), Nhat Duc submitted 

documentation establishing the 

following: (1) the date on which Nhat 

Duc first shipped shrimp for export to 

the United States and the date on which 

the shrimp were first entered, or 

withdrawn from warehouse, for 

consumption; (2) the volume of its first 

shipment; and (3) the date of its first 

sale to an unaffiliated customer in the 

United States. 

The Department conducted United 

States Customs and Border Protection 

(‘‘CBP’’) database queries in an attempt 

to confirm that Nhat Duc’s shipments of 

subject merchandise had entered the 

United States for consumption and that 

liquidation of such entries had been 

properly suspended for antidumping 

duties. The Department also examined 

whether the CBP data confirmed that 

such entries were made during the NSR 

POR. The information we examined was 

consistent with that provided by Nhat 

Duc. 

Initiation of New Shipper Review 

Pursuant to section 751(a)(2)(B) of the 

Act and 19 CFR 351.214(d)(1), the 

Department finds that Nhat Duc meets 

the threshold requirements for initiation 

of a NSR for the shipment of shrimp 

from Vietnam it produced and exported. 

See ‘‘Memorandum to File through 

James C. Doyle, Director, Office 9 from 

Catherine Bertrand, Program Manager, 

Office 9; Re: Certain Frozen Warmwater 

Shrimp from the Socialist Republic of 

Vietnam: Initiation of AD New Shipper 

Review for Nhat Duc Co., Ltd.,’’ dated 

March 20, 2009. 

The Department intends to issue the 

preliminary results of this NSR no later 

than 180 days from the date of 

initiation, and final results no later than 

270 days from the date of initiation. See 

section 751(a)(2)(B)(iv) of the Act. 

On August 17, 2006, the Pension 

Protection Act of 2006 (‘‘H.R. 4’’) was 

signed into law. Section 1632 of H.R. 4 

temporarily suspends the authority of 

the Department to instruct CBP to 

collect a bond or other security in lieu 

of a cash deposit in new shipper 

reviews. Therefore, the posting of a 

bond under section 751(a)(B)(iii) of the 

Act in lieu of a cash deposit is not 

available in this case. Importers of 

shrimp from Vietnam manufactured 

and/or exported by Nhat Duc must 

continue to post cash deposits of 

estimated antidumping duties on each 

entry of subject merchandise at the 

current Vietnam–wide rate of 25.76 

percent. 

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 351.306. This 

initiation and notice are published in 

accordance with section 751(a)(2)(B) of 

the Act and 19 CFR 351.214 and 

351.221(c)(1)(i). 

Dated: March 20, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–6908 Filed 3–26–09; 8:45 am] 

BILLING CODE 3510–DS–S 

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