Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Partial Rescission and Notice of Intent To Rescind, in Part, and Partial Extension of Time Limit for Preliminary Results of the Third Antidumping Duty Administrative Review, 10981-10984 [07-1134]
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Federal Register / Vol. 72, No. 47 / Monday, March 12, 2007 / Notices
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Andrew McGilvray,
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[FR Doc. 07–1133 Filed 3–9–07; 8:45 am]
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BILLING CODE 3510–DS–M
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–801]
Certain Frozen Fish Fillets From the
Socialist Republic of Vietnam: Partial
Rescission and Notice of Intent To
Rescind, in Part, and Partial Extension
of Time Limit for Preliminary Results of
the Third Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce
DATES: Effective Date: March 12, 2007.
SUMMARY: The Department of Commerce
(‘‘Department’’) is partially rescinding
the administrative review with respect
to 38 companies, for which it received
timely withdrawal requests for review
for the antidumping duty order on
certain frozen fish fillets from the
Socialist Republic of Vietnam
(‘‘Vietnam’’). The period of review
(‘‘POR’’) covers August 1, 2005, through
July 31, 2006. A complete list of the
companies for which the administrative
review is being rescinded is provided in
the ‘‘Partial Rescission’’ section below.
Furthermore, because nine companies
reported that they had no sales or
shipments to the United States during
the POR, we intend to rescind the
review of these companies.
Additionally, for the reasons discussed
below, the Department is partially
extending the preliminary results of this
administrative review by an additional
90 days, to no later than August 1, 2007.
FOR FURTHER INFORMATION CONTACT:
Cindy Robinson or Michael Holton, 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) 482–3797 and (202)
482–1324, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 1, 2006, 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, 71 FR
43441 (August 1, 2006) (‘‘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
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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, on August 31, 2006, the
Department received a joint request
from the Catfish Farmers of America
and individual U.S. catfish processors
(collectively, ‘‘Petitioners’’) for a review
covering 51 exporters/manufacturers.
These exporters/manufacturers are:
Alphasea Co., Ltd. (‘‘Alphasea’’); An
Giang Agriculture and Foods Import
Export Company (‘‘Afiex’’); An Giang
Agriculture Technology Service
Company (‘‘ANTESCO’’); An Giang
Fisheries Import and Export Joint Stock
Company (‘‘Agifish’’); An Lac Seafood
Co., Ltd.; (‘‘An Lac’’); ANHACO;
Bamboo Food Co., Ltd.; Basa Co., Ltd.;
Ben Tre Forestry and Aquaproduct
Import-Export Company
(‘‘FAQUIMEX’’); Binh Dinh Import
Export Company (‘‘Imex Binhdinh’’);
Blue Sky Co., Ltd.; Cam Ranh Seafood
Processing Seaprodex Company (‘‘Cam
Ranh’’); Can Tho Agricultural and
Animal Products Import Export
Company (‘‘CATACO’’); Cantho Seafood
Export (‘‘CASEAFOOD’’); Can Tho
Animal Fishery Products Processing
Export Enterprise (‘‘Cafatex’’); Da Nang
Seaproducts Import-Export Corporation
(‘‘Seaprodex Danang’’); Dragon Waves
Frozen Food Factory Co. (‘‘Dragon’’);
Duyen Hai Foodstuffs Processing
Factory (‘‘COSEAFEX’’); Geologistics
Ltd.; Gepimex 404 Company; Hai Thach
Trading Services Co., Ltd.; Hai Vuong
Co., Ltd.; Hung Vuong Co., Ltd.; Kien
Giang Ltd.; Mekongfish Company (aka
Mekong Fisheries Joint Stock Company)
(‘‘Mekonimex’’); Nam Duong Co., Ltd.
(aka KP Khanh Loi or Nam Duong
Trading Co.); Nam Hai Co., Ltd.; Nam
Viet Company Limited (‘‘NAVICO’’);
Nhan Hoa Co., Ltd.; Phan Quan Trading
Co., Ltd.; Phu Thanh Frozen Factory;
Phu Thuan Company; Phuoc My
Seafoods Processing Factory; Phuong
Dong Seafood Co., Ltd.; Quang Dung
Food Co., Ltd.; QVD; QVD Dong Thap
Food Co., Ltd.; Sadec Aquatic Products
Import Enterprise (‘‘DOCIFISH’’); Thanh
Viet Co. Ltd.; Thuan Hung Co., Ltd.; Tin
Thinh Co. Ltd.; Tuan Anh Company
Limited; United Seafood Packers Co.,
Ltd.; Van Duc Foods Export Joint Stock
Co.; Viet Hai Seafood Company Limited
(‘‘Vietnam Fish-One’’); Vinh Hiep Co.,
Ltd.; Vinh Hoan Company, Ltd. (‘‘Vinh
Hoan’’); Vinh Long Import-Export
Company (‘‘Imex Cuu Long’’); VN
Seafoods Co., Ltd.; Lian Heng
Investment Co., Ltd. and Lian Heng
Trading Co., Ltd. (collectively ‘‘Lian
Heng’’). Additionally, on August 31,
2006, the following four exporters/
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manufacturers separately requested a
review: CASEAMEX; East Sea Seafoods
Joint Venture Co., Ltd. (‘‘East Sea’’); 1
QVD; and Vinh Hoan.2 No other
interested party requested a review.
On September 29, 2006, the
Department published its notice of
initiation of an antidumping
administrative review on certain frozen
fish fillets from Vietnam. See Notice of
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, 71 FR 57465 (September 29,
2006) (‘‘Initiation Notice’’). We initiated
the review covering all 53 companies for
which an administrative review was
requested.
Withdrawal of Requests for Review
On October 25, 2006, CASEAMEX
withdrew its request for an
administrative review. On December 8,
2006, Vinh Hoan withdrew its request
for an administrative review.3 On
December 26, 2006, H & N withdrew its
request for the review of its entries of
subject merchandise produced and
exported by Vinh Hoan. Also on
December 26, 2006, Petitioners
withdrew their request for the instant
administrative review with respect to
the following 37 exporters/
manufacturers: Alphasea; Afiex;
ANTESCO; Agifish; An Lac; ANHACO;
Bamboo Food Co., Ltd.; Basa Co., Ltd.;
Imex Binhdinh; Blue Sky Co., Ltd.; Cam
Ranh; CASEAFOOD; Cafatex; Seaprodex
Danang; Dragon; COSEAFEX;
Geologistics Ltd.; Gepimex 404
Company; Hai Thach Trading Services
Co., Ltd.; Hai Vuong Co., Ltd.; Kien
Giang Ltd.; Mekonimex; Nam Duong
Co., Ltd.; Nam Hai Co., Ltd.; Nhan Hoa
Co., Ltd.; Phan Quan Trading Co., Ltd.;
Phu Thanh Frozen Factory; Phuoc My
Seafoods Processing Factory; Phuong
Dong Seafood Co., Ltd.; Quang Dung
Food Co., Ltd.; Thanh Viet Co. Ltd.; Tin
Thinh Co. Ltd.; Tuan Anh Company
Limited; Vinh Hiep Co., Ltd.; Vinh
Hoan; Imex Cuu Long; and VN Seafoods
Co., Ltd.
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1 On
August 31, 2006, East Sea also separately
requested a new shipper review (‘‘NSR’’), but it
withdrew its NSR request on November 13, 2006.
The Department rescinded East Sea’s NSR request
on January 23, 2007. See Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam: Notice of
Rescission of Antidumping Duty New Shipper
Review, 72 FR 2857 (January 23, 2007).
2 On August 29, 2006, H & N Foods International
(‘‘H & N’’), a U.S.-based importer of the
merchandise subject to this administrative review,
also requested that the Department conduct an
administrative review of H & N’s entries of subject
merchandise produced and exported by Vinh Hoan.
3 Petitioners did not object to CASEAMEX’s and
Vinh Hoan’s withdrawal requests. In fact,
Petitioners included Vinh Hoan in its withdrawal
request dated December 26, 2006.
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Additionally, on December 27, 2006,
Petitioners withdrew their review
request for another exporter/
manufacturer: QVD. However, we are
not rescinding the review with respect
to QVD because QVD still has an active
review request.
Accordingly, for 38 of the 53
companies for which the Department
initiated a review, the Department
subsequently received timely
withdrawal requests.
Quantity and Value (‘‘Q&V’’)
Submission, and Separate-Rate
Application/Certification
On October 12, 2006, the Department
issued a quantity and value (‘‘Q&V’’)
questionnaire to the 53 named
companies, requesting the Q&V of
subject merchandise exported during
the POR. In the same letter, the
Department also provided information
for respondents wishing to submit a
Separate-Rate Application or SeparateRate Certification.4 On November 3,
2006, the Department issued a letter to
those companies that had not submitted
a Q&V response granting them a second
opportunity to submit the Q&V of any
exports of subject merchandise to the
United States during the POR by
November 17, 2006.5
Between October 19, 2006, and
November 17, 2006, the Department
received Q&V questionnaire responses
from the following 17 companies:
Alphasea; Agifish; FAQUIMEX;
Seaprodex Da Nang; East Sea; Hung
Vuong Co., Ltd.; NAVICO; Phu Thuan
Company; QVD; DOCIFISH; Thanh Viet
Co. Ltd.; Thuan Hung Co., Ltd.; United
Seafood Packers Co., Ltd.; Van Duc
Foods Export Joint Stock Co.; Vietnam
Fish-One; Vinh Hoan; and Lian Heng.
Of the 17 companies, the following nine
companies stated that they did not have
sales, shipments, or entries of the
subject merchandise to the United
States during the POR: FAQUIMEX;
Hung Vuong Co., Ltd.; NAVICO; Phu
Thuan Company; DOCIFISH; 6 Thuan
4 See Letter with Attachments from Alex
Villanueva, Program Manager, to All Interested
Parties (October 12, 2006). The Q&V questionnaire
response was originally due on October 26, 2006.
The due date for the Separate-Rate Application was
December 11, 2006, and the due date for the
Separate-Rate Certification was November 11, 2006.
5 See Letter with Attachments from Alex
Villanueva, Program Manager, to All Interested
Parties (November 3, 2006). In the letter, the
Department also extended the deadline to submit
the Separate-Rate Certification from November 11,
2006, to December 11, 2006, which coincided with
the deadline for the Separate-Rate Application.
6 Phu Thuan and DOCIFISH did not file their
Q&V responses correctly. After we examined entry
data furnished by CBP for these exporters/
manufacturers, we were satisfied that the record
does not indicate that there were U.S. entries of
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Hung Co., Ltd.; United Seafood Packers
Co., Ltd.; Van Duc Foods Export Joint
Stock Co.; and Vietnam Fish-One.
In addition, between November 8,
2006, and December 11, 2006, we
received five Separate-Rate
Certifications from the following
companies: Agifish; QVD; Seaprodex
Danang; Thuan Hung Co., Ltd.; and
Vinh Hoan, and a Separate-Rate Status
Application from East Sea.
In Petitioners’ December 26, 2006,
letter, in addition to submitting
withdrawal requests for 37 exporters/
manufacturers, Petitioners also
submitted comments regarding
respondent selection. Specifically,
Petitioners requested that the
Department conduct a review of the
entries of subject merchandise during
the POR for the remaining 15
companies.7 In addition, Petitioners
requested that the Department
corroborate the shipment information
for those companies claiming no
shipments with the entry information
available from U.S. Customs and Border
Protection (‘‘CBP’’).
Partial Rescission
Pursuant to section 351.213(d)(1) of
the Department’s regulations, the
Department may rescind an
administrative review, ‘‘if a party who
requested the review withdraws the
request within 90 days of the date of
publication of notice of initiation of the
requested review.’’
Because Petitioners’ and certain
Respondent requests were timely, in
accordance with section 351.213(d)(1) of
the Department’s regulations, we are
rescinding this review with respect to
the following 38 companies: Alphasea;
Afiex; ANTESCO; Agifish; An Lac;
ANHACO; Bamboo Food Co., Ltd.; Basa
Co., Ltd.; Imex Binhdinh; Blue Sky Co.,
subject merchandise from these companies during
the POR. The Department placed the Q&V
submissions from Phu Thuan and DOCIFISH on the
record and notified the interested parties on the
service list that these two no-shipment companies
did not properly file their submissions and did not
properly serve interested parties. In addition,
Alphasea also did not file its response properly. On
November 22, 2006, the Department issued a letter
to Alphasea rejecting its Q&V due to filing
deficiency and notifying it to resubmit its Q&V
questionnaire response by December 1, 2006.
Alphasea resubmitted its Q&V questionnaire
response on December 1, 2006.
7 In addition to Petitioners, withdrawal requests
for review 37 companies, CASEAMEX also
withdrew its request for review. With 38 companies
withdrawn from the review, there are 15 remaining
companies: FAQUIMEX; CATACO; East Sea; Hung
Vuong Co. Ltd.; NAVICO; Phu Thuan Company;
QVD; QVD Dong Thap Food Co., Ltd.; DOCIFISH;
Thuan Hung Co., Ltd.; United Seafood Packers Co.,
Ltd.; Van Duc Foods Export Joint Stock Co.;
Vietnam Fish-One; and Lian Heng (which conisists
of Lian Heng Investment Co., Ltd and Lian Heng
Trading Co., Ltd.).
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Ltd.; Cam Ranh; CASEAFOOD; Cafatex;
CASEAMEX; Seaprodex Danang;
Dragon; COSEAFEX; Geologistics Ltd.;
Gepimex 404 Company; Hai Thach
Trading Services Co., Ltd.; Hai Vuong
Co., Ltd.; Kien Giang Ltd.; Mekonimex;
Nam Duong Co., Ltd.; Nam Hai Co., Ltd.;
Nhan Hoa Co., Ltd.; Phan Quan Trading
Co., Ltd.; Phu Thanh Frozen Factory;
Phuoc My Seafoods Processing Factory;
Phuong Dong Seafood Co., Ltd.; Quang
Dung Food Co., Ltd.; Thanh Viet Co.
Ltd.; Tin Thinh Co. Ltd.; Tuan Anh
Company Limited; Vinh Hiep Co., Ltd.;
Vinh Hoan; Imex Cuu Long; and VN
Seafoods Co., Ltd.
Intent to Rescind
Additionally, nine of the remaining
15 companies indicated no shipments,
entries, or sales of the subject
merchandise to the United States during
the POR. Pursuant to 19 CFR
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.’’ We examined entry data furnished
by CBP for these nine exporters/
manufacturers, and are satisfied that the
record does not indicate that there were
U.S. entries of subject merchandise from
these nine companies during the POR.
Accordingly, we intend to rescind this
review with respect to the following
nine companies: FAQUIMEX; Hung
Vuong Co., Ltd.; NAVICO; Phu Thuan
Company; DOCIFISH; Thuan Hung Co.,
Ltd.; United Seafood Packers Co., Ltd.;
Van Duc Foods Export Joint Stock Co.;
and Vietnam Fish-One.
After the partial rescission of 38
companies and the intent to rescind on
nine companies, six companies remain
in this review: CATACO; East Sea; Lian
Heng (including Lian Heng Investment
Co., Ltd., and Lian Heng Trading Co.,
Ltd.); QVD; and QVD Dong Thap Food
Co., Ltd.
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Assessment Rates
The Department will instruct CBP to
assess antidumping duties on all
appropriate entries. For those
companies for which this review has
been rescinded, 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, during the POR in
accordance with 19 CFR
351.212(c)(1)(i). The Department will
issue appropriate assessment
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instructions directly to CBP within 15
days of publication of this notice.
Extension of Time Limit for Preliminary
Results
On January 16, 2007, Petitioners
submitted a timely request for a 120-day
extension of the preliminary results of
this review.9 On January 19, 2007, East
Sea argued that an extension of 120 days
is not warranted and would be unfair to
respondents and, therefore, requested
that the Department extend the
preliminary results deadline by 30 days,
and in no case more than 60 days. The
preliminary results of this
administrative review are currently due
no later than May 3, 2007.
Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (‘‘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 the current time limit.
Specifically, it is necessary to extend
the deadline of the preliminary results
because: (1) The Department was only
recently able to select the respondents
for this review, on January 5, 2007; (2)
the Department will need time to collect
and analyze questionnaire responses for
all mandatory respondents 10 and the
non-mandatory respondent, Lian
Heng,11 and issue supplemental
9 In their January 16, 2007, letter, Petitioners also
requested that the Department extend the deadline
for the submission of new factual information by 60
days, or until March 19, 2007. On February 8, 2007,
the Department issued a letter to all interested
parties, providing all interested parties the
opportunity to provide any comments on the
Department’s surrogate country selection, and to
submit any information which they believe the
Department should consider when valuing factors
of production in this review. The due date for
submitting such information is March 19, 2007.
10 On January 5, 2007, the Department selected
the following two companies as mandatory
respondents: QVD and East Sea. See Letter from
Alex Villanueva, Program Manager, to All
Interested Parties (Selection of Respondents)
(January 5, 2007).
11 Lian Heng is a Cambodian company subject to
this review pursuant to Circumvention and Scope
Inquiries on the Antidumping Duty Order on
Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Partial Affirmative Final
Determination of Circumvention of the
Antidumping Duty Order, Partial Final Termination
of Circumvention Inquiry and Final Rescission of
Scope Inquiry, 71 FR 38608 (July 7, 2006).
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questionnaires where necessary; and (3)
the Department needs additional time to
analyze the responses of companies who
submitted Separate Rate Certifications/
Applications. 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 partially extending
the time for the completion of the
preliminary results of this review by 90
days until no later than August 1, 2007.
The deadline for the 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.
Notification Regarding APOs
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
On October 25, 2006, Lian Heng submitted a
letter to the Department arguing that it was
inappropriate for Lian Heng to respond to the Q&V
questionnaire response because its exports of frozen
fish fillets are products of Cambodia, not Vietnam,
and therefore, Lian Heng claimed that responding
to the questionnaire would seem to contradict the
country of origin. On November 6, 2006, the
Department issued a letter to Lian Heng, rejecting
Lian Heng’s October 25, 2006, arguments, and
granted Lian Heng a second opportunity to submit
its Q&V by November 17, 2006. Lian Heng
submitted its Q&V response on November 17, 2006.
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sections 751(a)(2)(c) and 777(i)(1) of the
Act.
Fax: 503–210–5441, e-mail:
gary.rule@noaa.gov).
Dated: March 2, 2007.
Gary S. Taverman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. 07–1134 Filed 3–9–07; 8:45 am]
SUPPLEMENTARY INFORMATION:
National Oceanic and Atmospheric
Administration
Species Covered in this Notice
[030602141–7049–48]
BILLING CODE 3510–DS–P
Puget Sound Chinook salmon
(Oncorhynchus tshawytscha)
Hood Canal summer-run chum
salmon (O. keta)
California Bay Watershed Education
and Training (B–WET) Program, Adult
and Community Watershed Education
in the Monterey Bay
DEPARTMENT OF COMMERCE
Authority
AGENCY:
National Oceanic and Atmospheric
Administration
Under section 4 of the ESA, the
Secretary is required to adopt such
regulations as he deems necessary and
advisable for the conservation of the
species listed as threatened. The ESA
Tribal 4(d) rule (70 FR 37160; June 28,
2005) states that the ESA section 9 take
prohibitions do not apply to Tribal
Plans that will not appreciably reduce
the likelihood of survival and recovery
for the listed species.
[I.D. 071206C]
Endangered and Threatened Species;
Take of Anadromous Fish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability and
request for comment.
AGENCY:
Notice is hereby given that
the Northwest Indian Fisheries
Commission (NWIFC) has submitted a
Tribal Resource Management Plan
(Tribal Plan) for NMFS to evaluate. It
was presented by the Bureau of Indian
Affairs (BIA) on behalf of the Northwest
Indian Tribes; the submission fulfills
the Tribes’ obligations under the
protective regulations promulgated for
Puget Sound Chinook salmon and Hood
Canal summer-run chum salmon under
the Endangered Species Act (ESA). The
Tribal Plan describes research and
assessment activities that may affect
listed Puget Sound Chinook salmon and
Hood Canal summer-run chum salmon
in Washington State. NMFS has
completed a proposed evaluation of
how well the Tribal Plan fulfills ESA
criteria, and the Secretary of Commerce
(Secretary) is making that proposed
evaluation available for public
comment.
DATES: Written comments on the
Secretary’s proposed evaluation must be
received at the appropriate address or
fax number (see ADDRESSES) no later
than 5 p.m. Pacific Standard Time on
April 11, 2007.
ADDRESSES: Written comments and
requests for copies of the proposed
evaluation should be addressed to Gary
Rule, Protected Resources Division,
National Marine Fisheries Service, 1201
NE Lloyd Boulevard, Suite 1100,
Portland, OR 97232–1274. Comments
may also be sent via fax to (503) 230
5441. Comments will not be accepted if
submitted via e-mail or the Internet.
FOR FURTHER INFORMATION CONTACT: Gary
Rule, Portland, OR (ph.: 503- 230 5424,
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SUMMARY:
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DEPARTMENT OF COMMERCE
The Tribal Plan
The NWIFC–through the BIA and on
behalf of the Northwest Indian Tribes–
has submitted a Tribal Plan for scientific
research and assessment activities
within the range of the Puget Sound
Chinook salmon and Hood Canal
summer-run chum salmon ESUs. The
Northwest Indian Tribes conduct,
independently and in cooperation with
other agencies, a variety of research and
assessment projects. These projects
provide the technical basis for managing
fisheries and conserving and restoring
salmon stocks and their habitat. The
need for an improved understanding of
salmonid survival in the freshwater and
early marine life stages drives much of
the current research. The Tribal Plan
includes implementation, monitoring,
and evaluation procedures designed to
ensure that the research is consistent
with the objectives of the ESA. The
research activities described in the
Tribal Plan would take place over a tenyear period starting in 2007.
As 50 CFR 223.209 requires, the
Secretary must determine whether the
Tribal Plan would appreciably reduce
the likelihood of survival and recovery
for Puget Sound Chinook salmon and
Hood Canal summer-run chum salmon
ESUs. The Secretary must take
comments on how the Tribal Plan
addresses the criteria in 50 CFR 223.209
in making that determination.
Dated: March 7, 2007.
Angela Somma,
Chief, Endangered Species Division, Office
of Protected Resources, National Marine
Fisheries Service.
[FR Doc. E7–4441 Filed 3–9–07; 8:45 am]
BILLING CODE 3510–22–S
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Notice; cancellation of
solicitation.
SUMMARY: The National Marine
Sanctuary Program (NMSP) cancels the
competitive California B–WET Program,
Adult and Community Watershed
Education in the Monterey Bay, for
fiscal year 2007 due to insufficient
funding.
FOR FURTHER INFORMATION CONTACT:
Seaberry Nachbar, National Marine
Sanctuary Program, 299 Foam Street,
Monterey, CA 93940, or by phone at
(831) 647–4204.
SUPPLEMENTARY INFORMATION: The B–
WET Program solicitation was originally
included in the NOAA Omnibus Notice,
Availability of Grant Funds for Fiscal
Year 2007, published in the Federal
Register on December 27, 2006. Due to
insufficient funding, NMSP cancels the
competitive grant program announced
in that solicitation. NMSP will return to
the applicants all applications NMSP
received in response to the solicitation.
The B–WET Program is listed in the
Catalog of Federal Domestic Assistance
(CFDA) under Grant Program 11.429,
California Bay Watershed Education and
Training Program.
Dated: March 1, 2007.
Daniel Basta,
Director, National Marine Sanctuary Program.
[FR Doc. 07–1155 Filed 3–9–07; 8:45 am]
BILLING CODE 3510–NK–M
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Marine Protected Areas Federal
Advisory Committee; Public Meeting
National Ocean Service,
NOAA, Department of Commerce.
ACTION: Notice of open meeting.
AGENCY:
SUMMARY: Notice is hereby given of a
meeting of the Marine Protected Areas
Federal Advisory Committee
(Committee) in Arlington, Virginia.
E:\FR\FM\12MRN1.SGM
12MRN1
Agencies
[Federal Register Volume 72, Number 47 (Monday, March 12, 2007)]
[Notices]
[Pages 10981-10984]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1134]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Certain Frozen Fish Fillets From the Socialist Republic of
Vietnam: Partial Rescission and Notice of Intent To Rescind, in Part,
and Partial Extension of Time Limit for Preliminary Results of the
Third Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
DATES: Effective Date: March 12, 2007.
SUMMARY: The Department of Commerce (``Department'') is partially
rescinding the administrative review with respect to 38 companies, for
which it received timely withdrawal requests for review for the
antidumping duty order on certain frozen fish fillets from the
Socialist Republic of Vietnam (``Vietnam''). The period of review
(``POR'') covers August 1, 2005, through July 31, 2006. A complete list
of the companies for which the administrative review is being rescinded
is provided in the ``Partial Rescission'' section below. Furthermore,
because nine companies reported that they had no sales or shipments to
the United States during the POR, we intend to rescind the review of
these companies. Additionally, for the reasons discussed below, the
Department is partially extending the preliminary results of this
administrative review by an additional 90 days, to no later than August
1, 2007.
FOR FURTHER INFORMATION CONTACT: Cindy Robinson or Michael Holton, 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-
3797 and (202) 482-1324, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2006, 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, 71 FR 43441 (August 1,
2006) (``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, on August 31, 2006, the Department received a
joint request from the Catfish Farmers of America and individual U.S.
catfish processors (collectively, ``Petitioners'') for a review
covering 51 exporters/manufacturers. These exporters/manufacturers are:
Alphasea Co., Ltd. (``Alphasea''); An Giang Agriculture and Foods
Import Export Company (``Afiex''); An Giang Agriculture Technology
Service Company (``ANTESCO''); An Giang Fisheries Import and Export
Joint Stock Company (``Agifish''); An Lac Seafood Co., Ltd.; (``An
Lac''); ANHACO; Bamboo Food Co., Ltd.; Basa Co., Ltd.; Ben Tre Forestry
and Aquaproduct Import-Export Company (``FAQUIMEX''); Binh Dinh Import
Export Company (``Imex Binhdinh''); Blue Sky Co., Ltd.; Cam Ranh
Seafood Processing Seaprodex Company (``Cam Ranh''); Can Tho
Agricultural and Animal Products Import Export Company (``CATACO'');
Cantho Seafood Export (``CASEAFOOD''); Can Tho Animal Fishery Products
Processing Export Enterprise (``Cafatex''); Da Nang Seaproducts Import-
Export Corporation (``Seaprodex Danang''); Dragon Waves Frozen Food
Factory Co. (``Dragon''); Duyen Hai Foodstuffs Processing Factory
(``COSEAFEX''); Geologistics Ltd.; Gepimex 404 Company; Hai Thach
Trading Services Co., Ltd.; Hai Vuong Co., Ltd.; Hung Vuong Co., Ltd.;
Kien Giang Ltd.; Mekongfish Company (aka Mekong Fisheries Joint Stock
Company) (``Mekonimex''); Nam Duong Co., Ltd. (aka KP Khanh Loi or Nam
Duong Trading Co.); Nam Hai Co., Ltd.; Nam Viet Company Limited
(``NAVICO''); Nhan Hoa Co., Ltd.; Phan Quan Trading Co., Ltd.; Phu
Thanh Frozen Factory; Phu Thuan Company; Phuoc My Seafoods Processing
Factory; Phuong Dong Seafood Co., Ltd.; Quang Dung Food Co., Ltd.; QVD;
QVD Dong Thap Food Co., Ltd.; Sadec Aquatic Products Import Enterprise
(``DOCIFISH''); Thanh Viet Co. Ltd.; Thuan Hung Co., Ltd.; Tin Thinh
Co. Ltd.; Tuan Anh Company Limited; United Seafood Packers Co., Ltd.;
Van Duc Foods Export Joint Stock Co.; Viet Hai Seafood Company Limited
(``Vietnam Fish-One''); Vinh Hiep Co., Ltd.; Vinh Hoan Company, Ltd.
(``Vinh Hoan''); Vinh Long Import-Export Company (``Imex Cuu Long'');
VN Seafoods Co., Ltd.; Lian Heng Investment Co., Ltd. and Lian Heng
Trading Co., Ltd. (collectively ``Lian Heng''). Additionally, on August
31, 2006, the following four exporters/
[[Page 10982]]
manufacturers separately requested a review: CASEAMEX; East Sea
Seafoods Joint Venture Co., Ltd. (``East Sea''); \1\ QVD; and Vinh
Hoan.\2\ No other interested party requested a review.
---------------------------------------------------------------------------
\1\ On August 31, 2006, East Sea also separately requested a new
shipper review (``NSR''), but it withdrew its NSR request on
November 13, 2006. The Department rescinded East Sea's NSR request
on January 23, 2007. See Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Notice of Rescission of Antidumping
Duty New Shipper Review, 72 FR 2857 (January 23, 2007).
\2\ On August 29, 2006, H & N Foods International (``H & N''), a
U.S.-based importer of the merchandise subject to this
administrative review, also requested that the Department conduct an
administrative review of H & N's entries of subject merchandise
produced and exported by Vinh Hoan.
---------------------------------------------------------------------------
On September 29, 2006, the Department published its notice of
initiation of an antidumping administrative review on certain frozen
fish fillets from Vietnam. See Notice of Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 71 FR 57465 (September 29,
2006) (``Initiation Notice''). We initiated the review covering all 53
companies for which an administrative review was requested.
Withdrawal of Requests for Review
On October 25, 2006, CASEAMEX withdrew its request for an
administrative review. On December 8, 2006, Vinh Hoan withdrew its
request for an administrative review.\3\ On December 26, 2006, H & N
withdrew its request for the review of its entries of subject
merchandise produced and exported by Vinh Hoan. Also on December 26,
2006, Petitioners withdrew their request for the instant administrative
review with respect to the following 37 exporters/manufacturers:
Alphasea; Afiex; ANTESCO; Agifish; An Lac; ANHACO; Bamboo Food Co.,
Ltd.; Basa Co., Ltd.; Imex Binhdinh; Blue Sky Co., Ltd.; Cam Ranh;
CASEAFOOD; Cafatex; Seaprodex Danang; Dragon; COSEAFEX; Geologistics
Ltd.; Gepimex 404 Company; Hai Thach Trading Services Co., Ltd.; Hai
Vuong Co., Ltd.; Kien Giang Ltd.; Mekonimex; Nam Duong Co., Ltd.; Nam
Hai Co., Ltd.; Nhan Hoa Co., Ltd.; Phan Quan Trading Co., Ltd.; Phu
Thanh Frozen Factory; Phuoc My Seafoods Processing Factory; Phuong Dong
Seafood Co., Ltd.; Quang Dung Food Co., Ltd.; Thanh Viet Co. Ltd.; Tin
Thinh Co. Ltd.; Tuan Anh Company Limited; Vinh Hiep Co., Ltd.; Vinh
Hoan; Imex Cuu Long; and VN Seafoods Co., Ltd.
---------------------------------------------------------------------------
\3\ Petitioners did not object to CASEAMEX's and Vinh Hoan's
withdrawal requests. In fact, Petitioners included Vinh Hoan in its
withdrawal request dated December 26, 2006.
---------------------------------------------------------------------------
Additionally, on December 27, 2006, Petitioners withdrew their
review request for another exporter/manufacturer: QVD. However, we are
not rescinding the review with respect to QVD because QVD still has an
active review request.
Accordingly, for 38 of the 53 companies for which the Department
initiated a review, the Department subsequently received timely
withdrawal requests.
Quantity and Value (``Q&V'') Submission, and Separate-Rate Application/
Certification
On October 12, 2006, the Department issued a quantity and value
(``Q&V'') questionnaire to the 53 named companies, requesting the Q&V
of subject merchandise exported during the POR. In the same letter, the
Department also provided information for respondents wishing to submit
a Separate-Rate Application or Separate-Rate Certification.\4\ On
November 3, 2006, the Department issued a letter to those companies
that had not submitted a Q&V response granting them a second
opportunity to submit the Q&V of any exports of subject merchandise to
the United States during the POR by November 17, 2006.\5\
---------------------------------------------------------------------------
\4\ See Letter with Attachments from Alex Villanueva, Program
Manager, to All Interested Parties (October 12, 2006). The Q&V
questionnaire response was originally due on October 26, 2006. The
due date for the Separate-Rate Application was December 11, 2006,
and the due date for the Separate-Rate Certification was November
11, 2006.
\5\ See Letter with Attachments from Alex Villanueva, Program
Manager, to All Interested Parties (November 3, 2006). In the
letter, the Department also extended the deadline to submit the
Separate-Rate Certification from November 11, 2006, to December 11,
2006, which coincided with the deadline for the Separate-Rate
Application.
---------------------------------------------------------------------------
Between October 19, 2006, and November 17, 2006, the Department
received Q&V questionnaire responses from the following 17 companies:
Alphasea; Agifish; FAQUIMEX; Seaprodex Da Nang; East Sea; Hung Vuong
Co., Ltd.; NAVICO; Phu Thuan Company; QVD; DOCIFISH; Thanh Viet Co.
Ltd.; Thuan Hung Co., Ltd.; United Seafood Packers Co., Ltd.; Van Duc
Foods Export Joint Stock Co.; Vietnam Fish-One; Vinh Hoan; and Lian
Heng. Of the 17 companies, the following nine companies stated that
they did not have sales, shipments, or entries of the subject
merchandise to the United States during the POR: FAQUIMEX; Hung Vuong
Co., Ltd.; NAVICO; Phu Thuan Company; DOCIFISH; \6\ Thuan Hung Co.,
Ltd.; United Seafood Packers Co., Ltd.; Van Duc Foods Export Joint
Stock Co.; and Vietnam Fish-One.
---------------------------------------------------------------------------
\6\ Phu Thuan and DOCIFISH did not file their Q&V responses
correctly. After we examined entry data furnished by CBP for these
exporters/manufacturers, we were satisfied that the record does not
indicate that there were U.S. entries of subject merchandise from
these companies during the POR. The Department placed the Q&V
submissions from Phu Thuan and DOCIFISH on the record and notified
the interested parties on the service list that these two no-
shipment companies did not properly file their submissions and did
not properly serve interested parties. In addition, Alphasea also
did not file its response properly. On November 22, 2006, the
Department issued a letter to Alphasea rejecting its Q&V due to
filing deficiency and notifying it to resubmit its Q&V questionnaire
response by December 1, 2006. Alphasea resubmitted its Q&V
questionnaire response on December 1, 2006.
---------------------------------------------------------------------------
In addition, between November 8, 2006, and December 11, 2006, we
received five Separate-Rate Certifications from the following
companies: Agifish; QVD; Seaprodex Danang; Thuan Hung Co., Ltd.; and
Vinh Hoan, and a Separate-Rate Status Application from East Sea.
In Petitioners' December 26, 2006, letter, in addition to
submitting withdrawal requests for 37 exporters/manufacturers,
Petitioners also submitted comments regarding respondent selection.
Specifically, Petitioners requested that the Department conduct a
review of the entries of subject merchandise during the POR for the
remaining 15 companies.\7\ In addition, Petitioners requested that the
Department corroborate the shipment information for those companies
claiming no shipments with the entry information available from U.S.
Customs and Border Protection (``CBP'').
---------------------------------------------------------------------------
\7\ In addition to Petitioners, withdrawal requests for review
37 companies, CASEAMEX also withdrew its request for review. With 38
companies withdrawn from the review, there are 15 remaining
companies: FAQUIMEX; CATACO; East Sea; Hung Vuong Co. Ltd.; NAVICO;
Phu Thuan Company; QVD; QVD Dong Thap Food Co., Ltd.; DOCIFISH;
Thuan Hung Co., Ltd.; United Seafood Packers Co., Ltd.; Van Duc
Foods Export Joint Stock Co.; Vietnam Fish-One; and Lian Heng (which
conisists of Lian Heng Investment Co., Ltd and Lian Heng Trading
Co., Ltd.).
---------------------------------------------------------------------------
Partial Rescission
Pursuant to section 351.213(d)(1) of the Department's regulations,
the Department may rescind an administrative review, ``if a party who
requested the review withdraws the request within 90 days of the date
of publication of notice of initiation of the requested review.''
Because Petitioners' and certain Respondent requests were timely,
in accordance with section 351.213(d)(1) of the Department's
regulations, we are rescinding this review with respect to the
following 38 companies: Alphasea; Afiex; ANTESCO; Agifish; An Lac;
ANHACO; Bamboo Food Co., Ltd.; Basa Co., Ltd.; Imex Binhdinh; Blue Sky
Co.,
[[Page 10983]]
Ltd.; Cam Ranh; CASEAFOOD; Cafatex; CASEAMEX; Seaprodex Danang; Dragon;
COSEAFEX; Geologistics Ltd.; Gepimex 404 Company; Hai Thach Trading
Services Co., Ltd.; Hai Vuong Co., Ltd.; Kien Giang Ltd.; Mekonimex;
Nam Duong Co., Ltd.; Nam Hai Co., Ltd.; Nhan Hoa Co., Ltd.; Phan Quan
Trading Co., Ltd.; Phu Thanh Frozen Factory; Phuoc My Seafoods
Processing Factory; Phuong Dong Seafood Co., Ltd.; Quang Dung Food Co.,
Ltd.; Thanh Viet Co. Ltd.; Tin Thinh Co. Ltd.; Tuan Anh Company
Limited; Vinh Hiep Co., Ltd.; Vinh Hoan; Imex Cuu Long; and VN Seafoods
Co., Ltd.
Intent to Rescind
Additionally, nine of the remaining 15 companies indicated no
shipments, entries, or sales of the subject merchandise to the United
States during the POR. Pursuant to 19 CFR 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.'' We examined entry data furnished by CBP for these nine exporters/
manufacturers, and are satisfied that the record does not indicate that
there were U.S. entries of subject merchandise from these nine
companies during the POR. Accordingly, we intend to rescind this review
with respect to the following nine companies: FAQUIMEX; Hung Vuong Co.,
Ltd.; NAVICO; Phu Thuan Company; DOCIFISH; Thuan Hung Co., Ltd.; United
Seafood Packers Co., Ltd.; Van Duc Foods Export Joint Stock Co.; and
Vietnam Fish-One.
After the partial rescission of 38 companies and the intent to
rescind on nine companies, six companies remain in this review: CATACO;
East Sea; Lian Heng (including Lian Heng Investment Co., Ltd., and Lian
Heng Trading Co., Ltd.); QVD; and QVD Dong Thap Food Co., Ltd.
Assessment Rates
The Department will instruct CBP to assess antidumping duties on
all appropriate entries. For those companies for which this review has
been rescinded, 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, during the POR
in accordance with 19 CFR 351.212(c)(1)(i). The Department will issue
appropriate assessment instructions directly to CBP within 15 days of
publication of this notice.
Extension of Time Limit for Preliminary Results
On January 16, 2007, Petitioners submitted a timely request for a
120-day extension of the preliminary results of this review.\9\ On
January 19, 2007, East Sea argued that an extension of 120 days is not
warranted and would be unfair to respondents and, therefore, requested
that the Department extend the preliminary results deadline by 30 days,
and in no case more than 60 days. The preliminary results of this
administrative review are currently due no later than May 3, 2007.
---------------------------------------------------------------------------
\9\ In their January 16, 2007, letter, Petitioners also
requested that the Department extend the deadline for the submission
of new factual information by 60 days, or until March 19, 2007. On
February 8, 2007, the Department issued a letter to all interested
parties, providing all interested parties the opportunity to provide
any comments on the Department's surrogate country selection, and to
submit any information which they believe the Department should
consider when valuing factors of production in this review. The due
date for submitting such information is March 19, 2007.
---------------------------------------------------------------------------
Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as
amended (``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 the current time limit. Specifically, it is
necessary to extend the deadline of the preliminary results because:
(1) The Department was only recently able to select the respondents for
this review, on January 5, 2007; (2) the Department will need time to
collect and analyze questionnaire responses for all mandatory
respondents \10\ and the non-mandatory respondent, Lian Heng,\11\ and
issue supplemental questionnaires where necessary; and (3) the
Department needs additional time to analyze the responses of companies
who submitted Separate Rate Certifications/Applications. Accordingly,
the Department finds that additional time is needed in order to
complete these preliminary results.
---------------------------------------------------------------------------
\10\ On January 5, 2007, the Department selected the following
two companies as mandatory respondents: QVD and East Sea. See Letter
from Alex Villanueva, Program Manager, to All Interested Parties
(Selection of Respondents) (January 5, 2007).
\11\ Lian Heng is a Cambodian company subject to this review
pursuant to Circumvention and Scope Inquiries on the Antidumping
Duty Order on Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam: Partial Affirmative Final Determination of
Circumvention of the Antidumping Duty Order, Partial Final
Termination of Circumvention Inquiry and Final Rescission of Scope
Inquiry, 71 FR 38608 (July 7, 2006).
On October 25, 2006, Lian Heng submitted a letter to the
Department arguing that it was inappropriate for Lian Heng to
respond to the Q&V questionnaire response because its exports of
frozen fish fillets are products of Cambodia, not Vietnam, and
therefore, Lian Heng claimed that responding to the questionnaire
would seem to contradict the country of origin. On November 6, 2006,
the Department issued a letter to Lian Heng, rejecting Lian Heng's
October 25, 2006, arguments, and granted Lian Heng a second
opportunity to submit its Q&V by November 17, 2006. Lian Heng
submitted its Q&V response on November 17, 2006.
---------------------------------------------------------------------------
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
partially extending the time for the completion of the preliminary
results of this review by 90 days until no later than August 1, 2007.
The deadline for the 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.
Notification Regarding APOs
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
[[Page 10984]]
sections 751(a)(2)(c) and 777(i)(1) of the Act.
Dated: March 2, 2007.
Gary S. Taverman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 07-1134 Filed 3-9-07; 8:45 am]
BILLING CODE 3510-DS-P