Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Notices 19933 

1The Catfish Famers of America 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., Heartland Catfish Company, 

Pride of the Pond, Simmons Farm Raised Catfish, 

Inc., and Southern Pride Catfish Company LLC 

(‘‘Petitioners’’). 

Dated: April 24, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–10000 Filed 4–29–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–801] 

Certain Frozen Fish Fillets From the 

Socialist Republic of Vietnam: Notice 

of Partial Rescission of the Fifth 

Antidumping Duty Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(‘‘Department’’) is conducting an 

administrative review of the 

antidumping duty order on certain 

frozen fish fillets from the Socialist 

Republic of Vietnam (‘‘Vietnam’’). See 

Notice of Antidumping Duty Order: 

Certain Frozen Fish Fillets From the 

Socialist Republic of Vietnam, 68 FR 

47909 (August 12, 2003) (‘‘Order’’). On 

September 30, 2008, the Department 

initiated an antidumping duty 

administrative review on certain frozen 

fish fillets from Vietnam. See Initiation 

of Antidumping and Countervailing 

Duty Administrative Reviews and 

Requests for Revocation in Part, 73 FR 

56795 (September 30, 2008). The 

Department initiated this review with 

respect to 18 companies. The period of 

review is August 1, 2007, through July 

31, 2008. The preliminary results of this 

administrative review are currently due 

no later than May 3, 2009. On October 

30, 2008, Vinh Quang Fisheries 

Corporation withdrew its request for 

review. On December 22, 2008, Anvifish 

Co., Ltd. (‘‘Anvifish’’) withdrew its 

request for a review. On October 17, 

2008, Petitioners 1 withdrew their 

request for review with respect to 12 

companies, including Vinh Quang 

Fisheries Corporation. Following 

Anvifish’s withdrawal, on December 23, 

2008, Petitioners withdrew their request 

for review with respect to Anvifish. 

EFFECTIVE DATE: April 30, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Alan Ray and Javier Barrientos, Office 9, 

AD/CVD Operations, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–5403 and (202) 

482–2243, respectively. 

Partial Rescission of Review 

The applicable regulation, 19 CFR 

351.213(d)(1), states that if a party that 

requested an administrative review 

withdraws the request within 90 days of 

the publication of the notice of 

initiation of the requested review, the 

Secretary will rescind the review. 

Petitioners withdrew their review 

request with respect to 13 exporters of 

subject merchandise within the 90–day 

deadline, in accordance with 19 CFR 

351.213(d)(1). Respondents Vinh Quang 

Fisheries Corporation and Anvifish also 

withdrew their respective requests for 

review within the 90–day deadline. 

Therefore, we are partially rescinding 

this review with respect to the following 

13 companies, because all requesting 

parities for these companies timely 

withdrew the requests for review: An 

Xuyen Co., Ltd.; Asia Commerce 

Fisheries Joint Stock Company (aka 

Acomfish JSC); Ben Tre Forestry 

Aquaproduct Import–Export Company 

(aka FAQUIMEX); Binh An Seafood 

Joint Stock Co.; Hiep Thanh Seafood 

Joint Stock Co.; Hung Vuong 

Corporation; Nam Viet Company 

Limited (aka NAVICO); Phuong Nam 

Co., Ltd.; Da Nang Seaproducts Import– 

Export Corporation (aka Da Nang or 

Seaprodex Danang); Southern Fishery 

Industries Company, Ltd. (aka South 

Vina); Thien Ma Seafood Co., Ltd.; Vinh 

Quang Fisheries Corporation; and 

Anvifish Co., Ltd. 

Assessment Rates 

The Department will instruct U.S. 

Customs and Border Protection (‘‘CBP’’) 

to assess antidumping duties on all 

appropriate entries. For those 

companies for which this review has 

been rescinded and which have a 

separate rate from a prior segment of 

this proceeding, 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, in accordance with 19 

CFR 351.212(c)(2). Accordingly, the 

Department intends to issue appropriate 

assessment instructions directly to CBP 

15 days after publication of this notice 

for the following companies: Binh An 

Seafood Joint Stock Co.; Phuong Nam 

Co., Ltd.; Da Nang or Seaprodex Danang 

Southern Fishery Industries Company, 

Ltd.; Vinh Quang Fisheries Corporation; 

and Anvifish Co., Ltd. 

The Department cannot order 

liquidation for companies which, 

although they are no longer under 

review as a separate entity, may still be 

under review as part of the Vietnam– 

wide entity. Therefore, the Department 

cannot, at this time, order liquidation of 

entries for the following companies: An 

Xuyen Co., Ltd.; Acomfish JSC; 

FAQUIMEX; Hiep Thanh Seafood Joint 

Stock Co.; Hung Vuong Corporation; 

NAVICO; or Thien Ma Seafood Co., Ltd. 

The Department intends to issue 

liquidation instructions for the 

Vietnam–wide entities 15 days after 

publication of the final results of this 

review. 

Notification to Importers 

This notice serves as a final reminder 

to importers for whom this review is 

being rescinded, as of the publication 

date of this notice, of their 

responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this 

review period. Failure to comply with 

this requirement could result in the 

Secretary’s presumption that 

reimbursement of the antidumping 

duties occurred and the subsequent 

assessment of double antidumping 

duties. 

Notification Regarding APOs 

This notice also serves as a 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 19 CFR 351.305, which continues 

to govern business proprietary 

information in this segment of the 

proceeding. Timely written notification 

of the return/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. 

This notice is issued and published in 

accordance with section 777(i)(1) of the 

Tariff Act of 1930, as amended, and 19 

CFR 351.213(d)(4). 

Dated: April 24, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–9999 Filed 4–29–09; 8:45 am] 

BILLING CODE 3510–DS–S