Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: ...

Tag : basa fillet
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam:Preliminary Rescission of New Shipper Review

Released : Saturday, July 26, 2008 9:23 AM
DEPARTMENT OF COMMERCE (DOC)
International Trade Administration (ITA)
Import Administration
Citation: "73 FR 43689"
Document Number: "A-552-801"
Page Number: "43689"
"Notices"
SUMMARY: The Department of Commerce ("Department") is conductingnew shipper reviews ("NSRs") of the antidumping duty order oncertain frozen fish fillets from the Socialist Republic of Vietnam("Vietnam") that cover the period of review ("POR") of August 1,2006, through July 31, 2007. 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 26, 2007,the Department initiated a new shipper review for Southern FisheryIndustries Co., Ltd. ("South Vina"). See Certain Frozen FishFillets from the Socialist Republic of Vietnam: Initiation ofAntidumping Duty New Shipper Reviews, 72 FR 15653 (October 9,2007).
EFFECTIVE DATE: July 28, 2008.
FOR FURTHER INFORMATION CONTACT:
Javier Barrientos, AD/CVD Operations, Office 9, ImportAdministration, International Trade Administration, U.S. Departmentof Commerce, 14th Street and Constitution Avenue, NW, Washington,DC 20230; telephone: (202) 482-2243.
SUPPLEMENTARY INFORMATION: On September 26, 2007, the Departmentinitiated an antidumping duty new shipper review with regard toSouth Vina. See Certain Frozen Fish Fillets from the SocialistRepublic of Vietnam: Initiation of Antidumping Duty New ShipperReviews, 72 FR 57296, (October 9, 2007). We received timelyresponses from South Vina on the following dates: Section AQuestionnaire Response (November 8, 2007); Sections C & DQuestionnaire Response (November 26, 2007); Appendix IX -Importer's Questionnaire Response (November 26, 2007); SupplementalQuestionnaire Response (June 9, 2008).
On March 25, 2008, the Department extended the preliminaryresults of this new shipper reviews to July 22, 2008. See CertainFrozen Fish Fillets from the Socialist Republic of Vietnam:Extension of Time Limits for the Preliminary Results of the NewShipper Reviews, 73 FR 15725 (March 25, 2008).
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 PangasiusBocourti, Pangasius Hypophthalmus (also known as PangasiusPangasius), and Pangasius Micronemus. Frozen fish fillets arelengthwise cuts of whole fish. The fillet products covered by thescope 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 ("filletstrips/finger"), which include fillets cut into strips, chunks,blocks, skewers, or any other shape. Specifically excluded from thescope are frozen whole fish (whether or not dressed), frozensteaks, and frozen belly-flap nuggets. Frozen whole dressed fishare 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 asfrozen "basa" and "tra" fillets, which are the Vietnamese commonnames for these species of fish. These products are classifiableunder tariff article codes 1604.19.4000, 1604.19.5000,0305.59.4000, 0304.29.6033 (Frozen Fish Fillets of the speciesPangasius including basa and tra) of the Harmonized Tariff Scheduleof the United States ("HTSUS"). /1/ This order covers all frozenfish fillets meeting the above specification, regardless of tariffclassification. Although the HTSUS subheading is provided forconvenience and customs purposes, our written description of thescope of the order is dispositive.
FOOTNOTE 1 Until July 1, 2004, these products were classifiableunder tariff article codes 0304.20.60.30 (Frozen Catfish Fillets),0304.20.60.96 (Frozen Fish Fillets, NESOI), 0304.20.60.43 (FrozenFreshwater Fish Fillets) and 0304.20.60.57 (Frozen Sole Fillets) ofthe HTSUS. Until February 1, 2007, these products were classifiableunder tariff article code 0304.20.60.33 (Frozen Fish Fillets of thespecies Pangasius including basa and tra) of the HTSUS. ENDFOOTNOTE
Preliminary Rescission of New Shipper Reviews
The Department has preliminarily determined that the sales madeby South Vina, which are under examination in the new shipperreview, are not bona fide sales based on the totality ofcircumstances because: (1) the sales were made at high prices ascompared to the average of other imports of frozen fish filletsunder the same HTSUS classification; (2) the sales quantities arelow as compared to the average of other imports of frozen fishfillets under the same HTSUS classification; and, (3) there existson the record contradictory information with regard to the U.S.customer and whether the subject merchandise was resold at aprofit. Due to the proprietary nature of the information discussedin our bona fide sales analysis, please see the separate memorandaaddressing this issue for details. /2/ Because the Department hasfound the sales by South Vina to be non-bona fide, there are nosales to review. Therefore, the Department is preliminarilyrescinding the new shipper review with respect to South Vina. See,e.g., Tianjin Tiancheng Pharmaceutical Co., Ltd. v. United States,366 F. Supp. 2d 1246, 1249 (CIT 2005). We intend, however, toprovide South Vina with a final opportunity to clarify theconflicting information on the record of this review and to providea reasonable explanation for the high prices and low quantities ofits U.S. sales. Any additional information and argument presentedby South Vina with respect to the above, and any rebuttal of suchby interested parties, will be fully considered for the finalresults of this new shipper review.
FOOTNOTE 2 See Memorandum to Stephen J. Claeys, Deputy AssistantSecretary for Import Administration, from James C. Doyle, Director,Office 4 Import Administration, regarding Bona Fide Sales Analysisand Intent to Rescind the Review with Respect to Southern FisheryIndustries Co., Ltd., dated July 22, 2008. END FOOTNOTE
Preliminary Results of the Reviews
As a result of our review, we preliminarily find that theVietnam-wide rate is still applicable to South Vina's entriesduring the POR:






The Department will disclose to parties of this proceeding theanalysis performed in reaching the preliminary results within fivedays of the date of publication of this notice in accordance with19 CFR 351.224(b).
Interested parties may submit case briefs and/or writtencomments no later than 30 days after the date of publication ofthese preliminary results of this new shipper review. See 19 CFR351.309(c)(ii). Rebuttal briefs and rebuttals to written comments,limited to issues raised in such briefs or comments, may be filedno later than five days after the deadline for submitting the casebriefs. See 19 CFR 351.309(d). The Department requests thatinterested parties provide an executive summary of each argumentcontained within the case briefs and rebuttal briefs.
Any interested party may request a hearing within 30 days ofpublication of these preliminary results. See 19 CFR 351.310(c).Requests should contain the following information: (1) The party'sname, address, and telephone number; (2) the number ofparticipants; and (3) a list of the issues to be discussed. Oralpresentations will be limited to issues raised in the briefs. If wereceive a request for a hearing, we plan to hold the hearing sevendays after the deadline for submission of the rebuttal briefs atthe U.S. Department of Commerce, 14th Street and ConstitutionAvenue, NW, Washington, DC 20230.
The Department intends to issue the final results of this newshipper review, which will include the results of its analysisraised in any such comments, within 90 days of publication of thesepreliminary results, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the final results, pursuant to 19 CFR351.212(b), the Department will determine, and CBP shall assess,antidumping duties on all appropriate entries on a per-unit basis./3/ The Department intends to issue assessment instructions to CBP15 days after the date of publication of the final results of theconcurrent administrative review because South Vina is consideredpart of the Vietnam-wide entity for that review period. If thesepreliminary results are adopted in our final results of review, theDepartment shall determine, and CBP shall assess, antidumpingduties on all appropriate entries. Pursuant to 19 CFR351.212(b)(1), we will calculate importer-specific (or customer)per-unit duty assessment rates. We will instruct CBP to assessantidumping duties on all appropriate entries covered by thisreview if any importer-specific assessment rate calculated in thefinal results of this is above de minimis.
FOOTNOTE 3 We divided the total potentially uncollectabledumping duties (calculated multiplying 63.88% by the total enteredvalue) for South Vina by the total entered quantity of subjectmerchandise sold to that importer during the POR to calculate aper-unit assessment amount. We will direct CBP to assessimporter-specific assessment rates based on the resulting per-unit(i.e., per-kilogram) rate by the weight in kilograms of each entryof the subject END FOOTNOTE
Cash-Deposit Requirements
The following cash deposit requirements will be effective uponpublication of the final results of this new shipper review for allshipments of subject merchandise from South Vina entered, orwithdrawn from warehouse, for consumption on or after thepublication date, as provided for by section 751(a)(2)(C) of theAct: (1) for subject merchandise produced and exported by SouthVina, the cash deposit rate will be that established in the finalresults of this review (except, if the rate is zero or de minimis,no cash deposit will be required); (2) for subject merchandiseexported by South Vina but not manufactured by South Vina, the cashdeposit rate will continue to be the Vietnam-wide rate (i.e., 63.88percent); and (3) for subject merchandise manufactured by SouthVina, but exported by any other party, the cash deposit rate willbe the rate applicable to the exporter. If the cash deposit ratecalculated in the final results is zero or de minimis, no cashdeposit will be required for those specific producer-exportercombinations. These cash deposit requirements, when imposed, shallremain in effect until further notice.
Notification to Interested Parties
This notice serves as a preliminary reminder to importers oftheir responsibility under 19 CFR 351.402(f)(2) to file acertificate regarding the reimbursement of antidumping duties priorto liquidation of the relevant entries during this POR. Failure tocomply with this requirement could result in the Secretary'spresumption that reimbursement of antidumping duties occurred andthe subsequent assessment of double antidumping duties.
We are issuing and publishing this determination in accordancewith sections 751(a)(1), 751(a)(2)(B), and 777(i) of the Act and 19CFR 351.214(h)(i).
Dated: July 22, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-17234 Filed 7-25-08; 8:45 am]
BILLING CODE 3510-DR-S
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