Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Rescission, in Part, and Extension of Time Limit for Preliminary Results of the Second Antidumping Duty Administrative Review, 6266-6268 [E6-1608]
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6266
Federal Register / Vol. 71, No. 25 / Tuesday, February 7, 2006 / Notices
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 19 CFR 351.213(d)(4)
and section 777(i)(1) of the Tariff Act of
1930, as amended.
Dated: January 31, 2006.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E6–1634 Filed 2–6–06; 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:
Rescission, in Part, and Extension of
Time Limit for Preliminary Results of
the Second Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: February 7, 2006.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) is partially
rescinding the administrative review of
eighteen companies under the
antidumping duty order on certain
frozen fish fillets from the Socialist
Republic of Vietnam (‘‘Vietnam’’) for the
period of review (‘‘POR’’), August 1,
2004, through July 31, 2005. This partial
rescission covers 18 companies for
which the Department received a timely
withdrawal of the request for review
and a company which had no entries,
exports, or sales of the subject
merchandise during the POR. A
complete list of the companies for
which the administrative review is
being rescinded is provided in the
‘‘Rescission, in Part, of Administrative
Review’’ section below. The Department
is not rescinding the review with
respect to An Giang Agriculture
Technology Service Company
(‘‘ANTESCO’’); Anhaco; Binh Dinh
Import Export Company (‘‘Binh Dinh’’);
QVD Food Company, Ltd. (‘‘QVD’’); Can
Tho Animal Fishery Products
Processing Export Enterprise
(‘‘Cafatex’’); Mekongfish Company
(‘‘Mekonimex’’); Can Tho Agricultural
and Animal Products Import Export
Company (‘‘CATACO’’); An Giang
Agriculture and Food Import Export
Company (‘‘Afiex’’); Phan Quan Trading
Co., Ltd. (‘‘Phan Quan’’); Nam Viet
Company Limited (‘‘Navico’’); and Vinh
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Long Import–Export Company (‘‘Vinh
Long’’).
Additionally, for the reasons
discussed below, the Department is
extending the preliminary results of this
administrative review by an additional
120 days, to no later than August 31,
2006.
FOR FURTHER INFORMATION CONTACT: Julia
Hancock or Cindy Robinson, 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) 482–1394 and (202)
482–3797, respectively.
SUPPLEMENTARY INFORMATION:
Hoan’’); CATACO; Afiex; Phan Quan;
and Navico. Additionally, the following
six exporters individually requested a
review: QVD; Vinh Hoan; CATACO;
Afiex; Phan Quan; and Navico. No other
interested party requested a review.
On September 28, 2005, the
Department published its notice of
initiation of an antidumping
administrative review on certain frozen
fish fillets from Vietnam. See Initiation
of Antidumping and Countervailing
Duty Administrative Reviews and
Request for Revocation in Part, 70 FR
56631 (September 28, 2005) (‘‘Initiation
Notice’’). We initiated the review
covering all 29 companies for which an
administrative review was requested.
Background
On August 1, 2005, 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, 70 FR
44085 (August 1, 2005) (‘‘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, the Department received a
request from the Catfish Farmers of
America and individual U.S. catfish
processors (collectively, ‘‘Petitioners’’)
for a review covering twenty–nine
exporters. These twenty–nine exporters
are: An Giang Fisheries Import and
Export Joint Stock Company (‘‘Agifish’’);
ANTESCO; Anhaco; Bamboo Food Co.,
Ltd. (‘‘Bamboo Food’’); Binh Dinh; Da
Nang Seaproducts Import–Export
Corporation (‘‘Danang’’); Duyen Hai
Foodstuffs Processing Factory
(‘‘Coseafex’’); Gepimex 404 Company
(‘‘Gepimex’’); Hai Vuong Co., Ltd. (‘‘Hai
Vuong’’); Kien Giang Ltd. (‘‘Kien
Giang’’); Mekonimex; Phuoc My
Seafoods Processing Factory (‘‘Phuoc
My’’); Phu Thanh Frozen Factory (‘‘Phu
Thanh’’); Seaprodex Saigon; Tan Thanh
Loi Frozen Food Co., Ltd. (‘‘Tan Thanh
Loi’’); Thangloi Frozen Food Enterprise
(‘‘Thangloi Frozen Food’’); Thanh Viet
Co., Ltd. (‘‘Thanh Viet’’); Thuan Hung
Co., Ltd. (‘‘Thuan Hung’’); Tin Thinh
Co., Ltd. (‘‘Tin Thinh’’); Vifaco; Vinh
Long; Viet Hai Seafood Company
Limited (‘‘Vietnam Fish–One’’); QVD;
Vinh Hoan Company Limited (‘‘Vinh
Withdrawal of Requests for Review
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On November 21, 2005, Petitioners
withdrew their request with respect to
the following fourteen exporters that did
not individually request a review:
Bamboo Food; Coaseafex; Gepimex; Hai
Vuong; Kien Giang; Phu Thanh; Phuoc
My; Seaprodex Saigon; Tan Thanh Loi;
Thangloi Frozen Food ; Thanh Viet;
Thuan Hung; Tin Thinh; and Vifaco.
Additionally, Petitioners withdrew their
request with respect to the following
three companies that did individually
request a review: Afiex; Phan Quan; and
Vinh Hoan.
On December 23, 2003, Vinh Hoan
withdrew its request for an
administrative review. Additionally, on
December 23, 2005, H&N Foods
International (‘‘H&N’’), a U.S. importer
of the subject merchandise, requested
that the Department extend the deadline
for withdrawing requests for review by
30 days.
On December 27, 2005, Vinh Hoan
submitted a letter to the Department
requesting that its withdrawal letter
dated December 23, 2005, be
disregarded. Additionally, on December
27, 2005, the Department extended by
ten days the deadline that parties which
requested an administrative review of
this Order may withdraw their request,
from December 27, 2005, to January 6,
2006.
On January 5, 2006, H&N requested
that the Department extend the deadline
for withdrawing requests for review
until two days after the Department’s
issuance of its decision regarding
respondent selection. On January 9,
2006, Vinh Hoan again withdrew its
request for a review.
On January 11, 2006, Petitioners
withdrew their request with respect to
two additional companies, Danang and
Agifish, both of which did not
individually request a review.
Petitioners also did not object to Vinh
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Federal Register / Vol. 71, No. 25 / Tuesday, February 7, 2006 / Notices
Hoan’s January 9, 2006, second request
to withdraw its request for a review.1
Accordingly, for 17 of the twenty–
nine companies for which the
Department initiated a review, the
Department subsequently received
timely withdrawal requests.
erjones on PROD1PC68 with NOTICES
Quantity and Value (‘‘Q&V’’)
Information
On September 14, 2005, the
Department issued a quantity and value
(‘‘Q&V’’) questionnaire to the 29 named
firms, requesting the quantity and value
of subject merchandise exported during
the POR.
On September 20, 2005, Vietnam
Fish–One submitted a letter to the
Department indicating it did not have
sales, shipments, or entries of the
subject merchandise to the United
States during the POR.
On November 21, 2005, Petitioners
submitted comments regarding
respondent selection. Specifically,
Petitioners requested that the
Department confirm with U.S. Customs
and Border Protection (‘‘CBP’’) that
Vietnam Fish–One had no shipments of
subject merchandise to the United
States during the POR. Petitioners
argued that shipments of subject
merchandise from Vietnam Fish–One
may have entered into the United States
through Canada.
On December 7, 2005, Vietnam Fish–
One submitted a response to Petitioners’
respondent selection comments.
Specifically, Vietnam Fish–One stated
that it made no transhipments of subject
merchandise to the United States
through Canada during the POR.
Rescission, in Part, of Administrative
Review
Pursuant to section 351.213(d)(1) of
the Department’s regulations, the
Department may rescind an
administrative review, ‘‘if a party that
requested the review withdraws the
request within 90 days of the date of
publication of notice of initiation of the
requested review.’’ Because Petitioners
timely withdrew their request for an
administrative review of the seventeen
exporters listed below, and because
Vinh Hoan withdrew its request for an
administrative review and no other
party requested a review of these
companies, we are rescinding this
administrative review, in part, for the
period August 1, 2004, through July 31,
2005, for the following companies:
Agifish; Bamboo Food; Coaseafex;
1 In this case, the Department is accepting the
withdrawal of administrative review requests from
Vinh Hoan and Petitioners, with respect to Agifish
and Danang, as it had not yet expended significant
resources on the review of those entities.
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15:23 Feb 06, 2006
Jkt 208001
Danang; Gepimex; Hai Vuong; Kien
Giang; Phu Thanh; Phuoc My;
Seaprodex Saigon; Tan Thanh Loi;
Thangloi Frozen Food; Thanh Viet;
Thuan Hung; Tin Thinh; Vifaco; and
Vinh Hoan.
Additionally, pursuant to section
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.’’ Accordingly, we are rescinding this
review with respect to Vietnam Fish–
One, which reported no shipments of
subject merchandise during the POR.
Petitioners argued that publicly
available shipment data obtained from
PIERS2 indicates that Vietnam Fish–One
may have sold subject merchandise that
entered into the United States through
Canada during the POR. See Petitioners’
Resubmission of Comments on
Respondent Selection in the Second
Administrative Review (November 29,
2005) at 2, Footnote 4, Attachment 2.
However, Vietnam Fish–One stated in
response that it contacted all of its
customers and that all shipments
entered into Canada were destined for
Canada. Thus, none of Vietnam Fish–
One’s shipments of subject merchandise
to Canada were delivered to the United
Stated during the POR. See Vietnam
Fish–One’s Response to Petitioners’
Allegation of Transshipments
(December 7, 2005) at 1. Additionally,
we examined shipment data furnished
by CBP for the producer/exporter
identified above and are satisfied that
the record does not indicate that there
were U.S. entries of subject merchandise
from this company during the POR.
The Department will issue
appropriate assessment instructions
directly to CBP within 15 days of the
publication of this notice. The
Department will direct CBP to assess
antidumping duties for these companies
at the cash deposit rate in effect on the
date of entry for entries during the
period August 1, 2004, through July 31,
2005.
Selection of Respondents and Issuance
of Questionnaires
On January 13, 2006, the Department
selected the following four companies
as mandatory respondents: QVD;
Cafatex; Mekonimex; and CATACO. See
Memorandum to Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, from James C. Doyle,
Office Director, Office 9, AD/CVD
2 https://www.piers.com/
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6267
Operations, Import Administration,
Subject: Antidumping Duty
Administrative Review of Certain Frozen
Fish Fillets from the Socialist Republic
of Vietnam: Selection of Respondents
(January 13, 2006). On January 17, 2006,
the Department sent a questionnaire to
the above four mandatory respondents.
On January 18, 2006, the Department
sent a Section A questionnaire to the
following three non–mandatory
respondents: Afiex; Phan Quan; and
Navico.
Request for Extension of the
Preliminary Results
On January 17, 2006, Petitioners
submitted a timely request for a 120 day
extension of the preliminary results of
this review. The preliminary results of
this administrative review are currently
due no later than May 3, 2006.
Extension of Time Limit for
Preliminary Results
Pursuant to section 751(a)(3)(A) of the
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 this
time limit. Specifically, it is necessary
to extend the deadline of the
preliminary results because (1) the
Department did not select the
respondents for this review until
January 13, 2006, (2) the Department
will need time to collect and analyze
questionnaire responses for all
mandatory respondents and issue
supplemental questionnaires where
necessary, and (3) the Department needs
additional time to collect and analyze
the responses of companies who
previously have never been mandatory
respondents. Accordingly, the
Department finds that additional time is
needed in order to complete these
preliminary results.
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 extending the time
for the completion of the preliminary
results of this review until no later than
August 31, 2006. The deadline for the
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6268
Federal Register / Vol. 71, No. 25 / Tuesday, February 7, 2006 / Notices
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.
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
sections 751(a)(2)(c) and 777(i)(1) of the
Act.
Dated: January 30, 2006.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import
Administration.
[FR Doc. E6–1608 Filed 2–6–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–815]
Gray Portland Cement and Clinker
from Japan; Final Results of the
Expedited Sunset Review of the
Antidumping Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 3, 2005, the
Department of Commerce (the
Department) initiated the second sunset
review of the antidumping duty order
on gray portland cement and clinker
(cement) from Japan pursuant to section
751(c) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.218.
On the basis of a notice of intent to
participate and an adequate substantive
response filed on behalf of domestic
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AGENCY:
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15:23 Feb 06, 2006
Jkt 208001
interested parties and no responses from
respondent interested parties, the
Department has conducted an expedited
(120–day) sunset review. See section
751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2). As a result of the
sunset review, the Department finds that
revocation of the antidumping duty
order would be likely to lead to
continuation or recurrence of dumping
at the levels listed in the ‘‘Final Results
of Review’’ section below.
EFFECTIVE DATE: February 7, 2006.
FOR FURTHER INFORMATION CONTACT: Zev
Primor or Jeffrey Frank, AD/CVD
Operations, Office 5, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–4114 or (202) 482–
0090.
SUPPLEMENTARY INFORMATION:
Background:
On October 3, 2005, the Department
initiated the second sunset review of the
antidumping duty order on cement from
Japan pursuant to section 751(c) of the
Act. See Initiation of Five–Year
(‘‘Sunset’’) Reviews, 70 FR 57560
(October 3, 2005). The Department
received a notice of intent to participate
from the Committee for Fairly Traded
Japanese Cement, the International
Brotherhood of Boilermakers, Iron Ship
Builders, Blacksmiths, Forgers &
Helpers, the United Steel, Paper &
Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service
Workers International Union, and the
Local Lodge 93 of the International
Association of Machinists and
Aerospace Workers (collectively, the
domestic interested parties) within the
deadline specified in 19 CFR
351.218(d)(1)(i) pertaining to sunset
reviews. The domestic interested parties
claimed interested–party status under
section 771(9)(C) of the Act as a
manufacturer, producer, or wholesaler
in the United States of a domestic like
product, under section 771(9)(D) of the
Act as a certified union or recognized
union or group of workers which is
representative of an industry engaged in
the manufacture, production, or
wholesale in the United States of a
domestic like product, and under
section 771(9)(E) of the Act as a trade or
business association, a majority of
whose members manufacture, produce,
or wholesale a domestic like product in
the United States. We received a
complete substantive response from the
domestic interested parties within the
30–day deadline specified in 19 CFR
351.218(d)(3)(i). We received no
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
responses from the respondent
interested parties. As a result, pursuant
to section 751(c)(3)(B) of the Act and 19
CFR 351.218(e)(1)(ii)(C)(2), the
Department has conducted an expedited
(120–day) sunset review of the order.
Scope of the Order:
The products covered by this order
are cement and cement clinker from
Japan. Cement is a hydraulic cement
and the primary component of concrete.
Cement clinker, an intermediate
material produced when manufacturing
cement, has no use other than grinding
into finished cement. Microfine cement
was specifically excluded from the
antidumping duty order. Cement is
currently classifiable under the
Harmonized Tariff Schedule (HTS) item
number 2523.29, and cement clinker is
currently classifiable under HTS item
number 2523.10. Cement has also been
entered under HTS item number
2523.90 as ‘‘other hydraulic cements.’’
The Department made two scope rulings
regarding subject merchandise. See
Scope Rulings, 57 FR 19602 (May 7,
1992), classes G and H of oil well
cement are within the scope of the
order, and Scope Rulings, 58 FR 27542
(May 10, 1993), ‘‘Nittetsu Super Fine’’
cement is not within the scope of the
order. The order remains in effect for all
manufacturers, producers, and exporters
of cement from Japan.
The HTS item numbers are provided
for convenience and customs purposes.
The written product description
remains dispositive as to the scope of
the product coverage.
Analysis of Comments Received:
All issues raised in this review are
addressed in the Issues and Decision
Memorandum from Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, to David M. Spooner,
Assistant Secretary for Import
Administration, dated January 31, 2006,
which is hereby adopted by this notice.
The issues discussed in the Issues and
Decision Memorandum include the
likelihood of continuation or recurrence
of dumping and the magnitude of the
margins likely to prevail if the order is
revoked. Parties can find a complete
discussion of all issues raised in this
review and the corresponding
recommendations in this public
memorandum which is on file in room
B–099 of the main Commerce building.
In addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on the Web at
https://ia.ita.doc.gov/frn. The paper copy
and electronic version of the Issues and
Decision Memorandum are identical in
content.
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Agencies
[Federal Register Volume 71, Number 25 (Tuesday, February 7, 2006)]
[Notices]
[Pages 6266-6268]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-1608]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets from the Socialist Republic of
Vietnam: Rescission, in Part, and Extension of Time Limit for
Preliminary Results of the Second Antidumping Duty Administrative
Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: February 7, 2006.
SUMMARY: The Department of Commerce (the ``Department'') is partially
rescinding the administrative review of eighteen companies under the
antidumping duty order on certain frozen fish fillets from the
Socialist Republic of Vietnam (``Vietnam'') for the period of review
(``POR''), August 1, 2004, through July 31, 2005. This partial
rescission covers 18 companies for which the Department received a
timely withdrawal of the request for review and a company which had no
entries, exports, or sales of the subject merchandise during the POR. A
complete list of the companies for which the administrative review is
being rescinded is provided in the ``Rescission, in Part, of
Administrative Review'' section below. The Department is not rescinding
the review with respect to An Giang Agriculture Technology Service
Company (``ANTESCO''); Anhaco; Binh Dinh Import Export Company (``Binh
Dinh''); QVD Food Company, Ltd. (``QVD''); Can Tho Animal Fishery
Products Processing Export Enterprise (``Cafatex''); Mekongfish Company
(``Mekonimex''); Can Tho Agricultural and Animal Products Import Export
Company (``CATACO''); An Giang Agriculture and Food Import Export
Company (``Afiex''); Phan Quan Trading Co., Ltd. (``Phan Quan''); Nam
Viet Company Limited (``Navico''); and Vinh Long Import-Export Company
(``Vinh Long'').
Additionally, for the reasons discussed below, the Department is
extending the preliminary results of this administrative review by an
additional 120 days, to no later than August 31, 2006.
FOR FURTHER INFORMATION CONTACT: Julia Hancock or Cindy Robinson, 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-
1394 and (202) 482-3797, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2005, 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, 70 FR 44085 (August 1,
2005) (``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, the Department received a request from the
Catfish Farmers of America and individual U.S. catfish processors
(collectively, ``Petitioners'') for a review covering twenty-nine
exporters. These twenty-nine exporters are: An Giang Fisheries Import
and Export Joint Stock Company (``Agifish''); ANTESCO; Anhaco; Bamboo
Food Co., Ltd. (``Bamboo Food''); Binh Dinh; Da Nang Seaproducts
Import-Export Corporation (``Danang''); Duyen Hai Foodstuffs Processing
Factory (``Coseafex''); Gepimex 404 Company (``Gepimex''); Hai Vuong
Co., Ltd. (``Hai Vuong''); Kien Giang Ltd. (``Kien Giang''); Mekonimex;
Phuoc My Seafoods Processing Factory (``Phuoc My''); Phu Thanh Frozen
Factory (``Phu Thanh''); Seaprodex Saigon; Tan Thanh Loi Frozen Food
Co., Ltd. (``Tan Thanh Loi''); Thangloi Frozen Food Enterprise
(``Thangloi Frozen Food''); Thanh Viet Co., Ltd. (``Thanh Viet'');
Thuan Hung Co., Ltd. (``Thuan Hung''); Tin Thinh Co., Ltd. (``Tin
Thinh''); Vifaco; Vinh Long; Viet Hai Seafood Company Limited
(``Vietnam Fish-One''); QVD; Vinh Hoan Company Limited (``Vinh Hoan'');
CATACO; Afiex; Phan Quan; and Navico. Additionally, the following six
exporters individually requested a review: QVD; Vinh Hoan; CATACO;
Afiex; Phan Quan; and Navico. No other interested party requested a
review.
On September 28, 2005, the Department published its notice of
initiation of an antidumping administrative review on certain frozen
fish fillets from Vietnam. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and Request for Revocation
in Part, 70 FR 56631 (September 28, 2005) (``Initiation Notice''). We
initiated the review covering all 29 companies for which an
administrative review was requested.
Withdrawal of Requests for Review
On November 21, 2005, Petitioners withdrew their request with
respect to the following fourteen exporters that did not individually
request a review: Bamboo Food; Coaseafex; Gepimex; Hai Vuong; Kien
Giang; Phu Thanh; Phuoc My; Seaprodex Saigon; Tan Thanh Loi; Thangloi
Frozen Food ; Thanh Viet; Thuan Hung; Tin Thinh; and Vifaco.
Additionally, Petitioners withdrew their request with respect to the
following three companies that did individually request a review:
Afiex; Phan Quan; and Vinh Hoan.
On December 23, 2003, Vinh Hoan withdrew its request for an
administrative review. Additionally, on December 23, 2005, H&N Foods
International (``H&N''), a U.S. importer of the subject merchandise,
requested that the Department extend the deadline for withdrawing
requests for review by 30 days.
On December 27, 2005, Vinh Hoan submitted a letter to the
Department requesting that its withdrawal letter dated December 23,
2005, be disregarded. Additionally, on December 27, 2005, the
Department extended by ten days the deadline that parties which
requested an administrative review of this Order may withdraw their
request, from December 27, 2005, to January 6, 2006.
On January 5, 2006, H&N requested that the Department extend the
deadline for withdrawing requests for review until two days after the
Department's issuance of its decision regarding respondent selection.
On January 9, 2006, Vinh Hoan again withdrew its request for a review.
On January 11, 2006, Petitioners withdrew their request with
respect to two additional companies, Danang and Agifish, both of which
did not individually request a review. Petitioners also did not object
to Vinh
[[Page 6267]]
Hoan's January 9, 2006, second request to withdraw its request for a
review.\1\
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\1\ In this case, the Department is accepting the withdrawal of
administrative review requests from Vinh Hoan and Petitioners, with
respect to Agifish and Danang, as it had not yet expended
significant resources on the review of those entities.
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Accordingly, for 17 of the twenty-nine companies for which the
Department initiated a review, the Department subsequently received
timely withdrawal requests.
Quantity and Value (``Q&V'') Information
On September 14, 2005, the Department issued a quantity and value
(``Q&V'') questionnaire to the 29 named firms, requesting the quantity
and value of subject merchandise exported during the POR.
On September 20, 2005, Vietnam Fish-One submitted a letter to the
Department indicating it did not have sales, shipments, or entries of
the subject merchandise to the United States during the POR.
On November 21, 2005, Petitioners submitted comments regarding
respondent selection. Specifically, Petitioners requested that the
Department confirm with U.S. Customs and Border Protection (``CBP'')
that Vietnam Fish-One had no shipments of subject merchandise to the
United States during the POR. Petitioners argued that shipments of
subject merchandise from Vietnam Fish-One may have entered into the
United States through Canada.
On December 7, 2005, Vietnam Fish-One submitted a response to
Petitioners' respondent selection comments. Specifically, Vietnam Fish-
One stated that it made no transhipments of subject merchandise to the
United States through Canada during the POR.
Rescission, in Part, of Administrative Review
Pursuant to section 351.213(d)(1) of the Department's regulations,
the Department may rescind an administrative review, ``if a party that
requested the review withdraws the request within 90 days of the date
of publication of notice of initiation of the requested review.''
Because Petitioners timely withdrew their request for an administrative
review of the seventeen exporters listed below, and because Vinh Hoan
withdrew its request for an administrative review and no other party
requested a review of these companies, we are rescinding this
administrative review, in part, for the period August 1, 2004, through
July 31, 2005, for the following companies: Agifish; Bamboo Food;
Coaseafex; Danang; Gepimex; Hai Vuong; Kien Giang; Phu Thanh; Phuoc My;
Seaprodex Saigon; Tan Thanh Loi; Thangloi Frozen Food; Thanh Viet;
Thuan Hung; Tin Thinh; Vifaco; and Vinh Hoan.
Additionally, pursuant to section 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.''
Accordingly, we are rescinding this review with respect to Vietnam
Fish-One, which reported no shipments of subject merchandise during the
POR. Petitioners argued that publicly available shipment data obtained
from PIERS\2\ indicates that Vietnam Fish-One may have sold subject
merchandise that entered into the United States through Canada during
the POR. See Petitioners' Resubmission of Comments on Respondent
Selection in the Second Administrative Review (November 29, 2005) at 2,
Footnote 4, Attachment 2. However, Vietnam Fish-One stated in response
that it contacted all of its customers and that all shipments entered
into Canada were destined for Canada. Thus, none of Vietnam Fish-One's
shipments of subject merchandise to Canada were delivered to the United
Stated during the POR. See Vietnam Fish-One's Response to Petitioners'
Allegation of Transshipments (December 7, 2005) at 1. Additionally, we
examined shipment data furnished by CBP for the producer/exporter
identified above and are satisfied that the record does not indicate
that there were U.S. entries of subject merchandise from this company
during the POR.
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\2\ https://www.piers.com/
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The Department will issue appropriate assessment instructions
directly to CBP within 15 days of the publication of this notice. The
Department will direct CBP to assess antidumping duties for these
companies at the cash deposit rate in effect on the date of entry for
entries during the period August 1, 2004, through July 31, 2005.
Selection of Respondents and Issuance of Questionnaires
On January 13, 2006, the Department selected the following four
companies as mandatory respondents: QVD; Cafatex; Mekonimex; and
CATACO. See Memorandum to Stephen J. Claeys, Deputy Assistant Secretary
for Import Administration, from James C. Doyle, Office Director, Office
9, AD/CVD Operations, Import Administration, Subject: Antidumping Duty
Administrative Review of Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Selection of Respondents (January 13, 2006). On
January 17, 2006, the Department sent a questionnaire to the above four
mandatory respondents. On January 18, 2006, the Department sent a
Section A questionnaire to the following three non-mandatory
respondents: Afiex; Phan Quan; and Navico.
Request for Extension of the Preliminary Results
On January 17, 2006, Petitioners submitted a timely request for a
120 day extension of the preliminary results of this review. The
preliminary results of this administrative review are currently due no
later than May 3, 2006.
Extension of Time Limit for Preliminary Results
Pursuant to section 751(a)(3)(A) of the 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 this time
limit. Specifically, it is necessary to extend the deadline of the
preliminary results because (1) the Department did not select the
respondents for this review until January 13, 2006, (2) the Department
will need time to collect and analyze questionnaire responses for all
mandatory respondents and issue supplemental questionnaires where
necessary, and (3) the Department needs additional time to collect and
analyze the responses of companies who previously have never been
mandatory respondents. Accordingly, the Department finds that
additional time is needed in order to complete these preliminary
results.
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
extending the time for the completion of the preliminary results of
this review until no later than August 31, 2006. The deadline for the
[[Page 6268]]
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.
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 sections 751(a)(2)(c)
and 777(i)(1) of the Act.
Dated: January 30, 2006.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import Administration.
[FR Doc. E6-1608 Filed 2-6-06; 8:45 am]
BILLING CODE 3510-DS-S