[Federal Register Volume 79, Number 229 (Friday, November 28, 2014)]
[Notices]
[Pages 70853-70854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28149]


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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, 
Commerce.

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

DATED: Effective November 28, 2014.

FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-0413.

SUPPLEMENTARY INFORMATION:

Background

    On June 2, 2014, the Department published a notice of initiation of 
the second 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'').\1\ As a result of its review, the Department 
determined that revocation of the antidumping duty order on fish 
fillets from Vietnam would likely lead to a continuation or recurrence 
of dumping and, therefore, notified the ITC of the magnitude of the 
margins likely to prevail should the order be revoked.\2\ On November 
4,

[[Page 70854]]

2014, the ITC published notice of its determination, pursuant to 
section 751(c) of the Act, that revocation of the antidumping duty 
order on fish fillets from Vietnam would likely lead to a continuation 
or recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time.\3\
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    \1\ See Initiation of Five-Year (``Sunset'') Review, 79 FR 
31306, 31306 (June 2, 2014).
    \2\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Final Results of Expedited Second Sunset Review of the 
Antidumping Duty Order, 79 FR 60452 (October 7, 2014) and 
accompanying Issues and Decision Memorandum.
    \3\ See Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: Determination, 79 FR 65423 (November 4, 2014); see also 
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: 
Investigation No. 731-TA-1012, USITC Publication 4498 (October 
2014).
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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'').\4\
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    \4\ Until July 1, 2004 these products were classifiable under 
HTSUS 0304.20.6030 (Frozen Catfish Fillets), 0304.20.6096 (Frozen 
Fish Fillets, NESOI), 0304.20.6043 (Frozen Freshwater Fish Fillets) 
and 0304.20.6057 (Frozen Sole Fillets). Until February 1, 2007 these 
products were classifiable under HTSUS 0304.20.6033 (Frozen Fish 
Fillets of the species Pangasius, including basa and tra). On March 
2, 2011 the Department added two HTSUS numbers at the request of 
U.S. Customs and Border Protection (``CBP''): 1604.19.2000 and 1604 
19.3000. On January 30, 2012 the Department added eight HTSUS 
numbers at the request of CBP: 0304.62.0020, 0305.59.0000, 
1604.19.2100, 1604.19.3100, 1604.19.4100, 1604.19.5100, 1604.19.6100 
and 1604.19.8100.
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    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 the Department and the ITC 
that revocation of the antidumping duty 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, the Department hereby orders the continuation of the antidumping 
order on fish fillets from Vietnam. U.S. Customs and Border Protection 
will continue to collect antidumping duty 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, the Department intends to 
initiate the next five-year review of the order not later than 30 days 
prior to the fifth anniversary of the effective date of continuation.
    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.

    Dated: November 17, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-28149 Filed 11-26-14; 8:45 am]
BILLING CODE 3510-DS-P