Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Reviews, 18753-18754 [E8-7218]

Download as PDF Federal Register / Vol. 73, No. 67 / Monday, April 7, 2008 / Notices liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This administrative review and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: March 31, 2008. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. E8–7200 Filed 4–4–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration (A–533–820) Certain Hot–Rolled Carbon Steel Flat Products from India: Extension of Time Limits for the Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. FOR FURTHER INFORMATION CONTACT: Joy Zhang, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave, NW, Washington, DC 20230; telephone: (202) 482–1168. SUPPLEMENTARY INFORMATION: AGENCY: Extension of Time Limit of Final Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires the Department to issue final results within 120 days after the date on which the preliminary results are published. However, if it is not practicable to complete the review within that time period, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the final results to a maximum of 180 days. See also 19 CFR 351.213(h)(2). We determine that it is not practicable to complete the final results of this review within the original time limit. Petitioners requested additional time to review the verification reports and submit case briefs. Accordingly, we amended the schedule for interested parties to submit case briefs and rebuttal briefs, which are now due on Friday, April 4, 2008, and Friday, April 11, 2008, respectively. The Department is extending the final results by 15 days, in accordance with section 751(a)(3)(A) of the Act, to allow sufficient time to analyze interested parties’ case briefs and rebuttal briefs. The final results are now due no later than May 14, 2008. This extension is issued and published in accordance with sections 751(a)(3)(A) and 777(i) of the Act. Dated: April 1, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8–7201 Filed 4–4–08; 8:45 am] BILLING CODE 3510–DR–S rfrederick on PROD1PC67 with NOTICES Background DEPARTMENT OF COMMERCE On February 2, 2007, the U.S. Department of Commerce (‘‘Department’’) published a notice of initiation of the administrative review of the antidumping duty order on certain hot–rolled carbon steel flat products from India, covering the period December 1, 2005, to November 30, 2006. See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 72 FR 5005 (February 2, 2007). On December 31, 2007, the Department published the preliminary results of the antidumping duty administrative review for certain hot–rolled carbon steel flat products from India. See Certain Hot– Rolled Carbon Steel Flat Products from India: Notice of Preliminary Results of Antidumping Duty Administrative Review, 72 FR 74267 (December 31, 2007). The final results of this review are currently due no later than April 29, 2008. International Trade Administration VerDate Aug<31>2005 17:10 Apr 04, 2008 Jkt 214001 A–552–801 Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Reviews Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 7, 2008. SUMMARY: The Department of Commerce (‘‘Department’’) has determined that two requests for new shipper reviews (‘‘NSR’’) of the antidumping duty order on certain frozen fish fillets (‘‘fish fillets’’) from the Socialist Republic of Vietnam (‘‘Vietnam’’), received on February 25, 2008, meet the statutory and regulatory requirements for initiation. The period of review (‘‘POR’’) for these two NSR is August 1, 2007 January 31, 2008. AGENCY: PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 18753 Paul Walker, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, D.C. 20230; telephone: 202–482–0413. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background The notice announcing the antidumping duty order on fish fillets from Vietnam was published in the Federal Register on August 12, 2003. See Notice of Antidumping Duty Order: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 68 FR 47909 (August 12, 2003).1 On February 25, 2008, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.214(c), the Department received NSR requests from Asia Commerce Fisheries Joint Stock Company (‘‘Acom’’) and Hiep Thanh Seafood Joint Stock Company (‘‘Hiep Thanh’’). Both companies certified that they are the producers and exporters of the subject merchandise upon which the requests were based. On February 28, 2008, the Department requested that Acom and Hiep Thanh adequately summarize the proprietary information in their NSR requests or provide a clear explanation as to why the information is not capable of summarization. See the Department’s February 28, 2008, letters to Acom and Hiep Thanh. In addition, on February 28, 2008, the Department requested a clarification of information contained within Hiep Thanh’s NSR request. On February 29, 2008, Acom and Hiep Thanh submitted public versions which adequately summarized their proprietary information and provided explanations as to why certain proprietary information is not capable of summarization. Moreover, on March 3, 2008, Hiep Thanh clarified certain information contained within its NSR request. In addition, Hiep Thanh provided additional information on March 14, 2008. Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Acom and Hiep Thanh certified that they did not export fish fillets to the United States during the period of investigation (‘‘POI’’). In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Acom and Hiep Thanh certified that, since the initiation of the investigation, 1 Therefore, a semi-annual request for a NSR, based on the annual anniversary month, August, was due to the Department by February 29, 2008. See 19 CFR 351.214(d)(1). E:\FR\FM\07APN1.SGM 07APN1 18754 Federal Register / Vol. 73, No. 67 / Monday, April 7, 2008 / Notices they have never been affiliated with any Vietnamese exporter or producer who exported fish fillets to the United States during the POI, including those not individually examined during the investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), Acom and Hiep Thanh also certified that their export activities were not controlled by the central government of Vietnam. In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), Acom and Hiep Thanh submitted documentation establishing the following: (1) the dates on which Acom and Hiep Thanh first shipped fish fillets for export to the United States and the date on which the fish fillets were first entered, or withdrawn from warehouse, for consumption; (2) the volume of their first shipment; and (3) the date of their first sale to an unaffiliated customer in the United States. The Department conducted U.S. Customs and Border Protection (‘‘CBP’’) database queries in an attempt to confirm that Acom and Hiep Thanh’s shipments of subject merchandise had entered the United States for consumption and that liquidation of such entries had been properly suspended for antidumping duties. The Department also examined whether the CBP data confirmed that such entries were made during the NSR POR. The information we examined was consistent with that provided by Acom and Hiep Thanh. rfrederick on PROD1PC67 with NOTICES Initiation of New Shipper Reviews Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(d)(1), the Department finds that Acom and Hiep Thanh meet the threshold requirements for initiation of a NSR for the shipments of fish fillets from Vietnam they produced and exported. See ‘‘Memorandum to File from Paul Walker, Senior Case Analyst, Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Initiation of AD New Shipper Review for Asia Commerce Fisheries Joint Stock Company,’’ (March 26, 2008): see also ‘‘Memorandum to File from Paul Walker, Senior Case Analyst, Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Initiation of AD New Shipper Review for Hiep Thanh Seafood Joint Stock Company,’’ (March 26, 2008). The Department intends to issue the preliminary results of these NSRs no later than 180 days from the date of initiation, and final results no later than 270 days from the date of initiation. See section 751(a)(2)(B)(iv) of the Act. VerDate Aug<31>2005 17:10 Apr 04, 2008 Jkt 214001 On August 17, 2006, the Pension Protection Act of 2006 (‘‘H.R. 4’’) was signed into law. Section 1632 of H.R. 4 temporarily suspends the authority of the Department to instruct CBP to collect a bond or other security in lieu of a cash deposit in new shipper reviews. Therefore, the posting of a bond under section 751(a)(B)(iii) of the Act in lieu of a cash deposit is not available in this case. Importers of fish fillets from Vietnam manufactured and/ or exported by Acom and Hiep Thanh must continue to post cash deposits of estimated antidumping duties on each entry of subject merchandise at the current Vietnam–wide rate of 63.88 percent. Interested parties requiring access to proprietary information in this NSR should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are published in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Dated: March 26, 2008. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E8–7218 Filed 4–4–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–351–838, A–331–802, A–533–840, A–549– 822 Certain Frozen Warmwater Shrimp from Brazil, Ecuador, India and Thailand: Notice of Initiation of Administrative Reviews Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) received timely requests to conduct administrative reviews of the antidumping duty orders on certain frozen warmwater shrimp (‘‘shrimp’’) from Brazil, Ecuador, India and Thailand. The anniversary month of these orders is February. In accordance with 19 CFR 351.221, we are initiating these administrative reviews. EFFECTIVE DATE: April 7, 2008. FOR FURTHER INFORMATION CONTACT: Kate Johnson at (202) 482–4929 (Brazil), David Goldberger at (202) 482–4136 (Ecuador), Elizabeth Eastwood at (202) 482–3874 (India), and Irina Itkin at (202) 482–0656 (Thailand), AD/CVD AGENCY: PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230. SUPPLEMENTARY INFORMATION: Background The Department received timely requests from the petitioner1, the Louisiana Shrimp Association (‘‘LSA’’), and certain individual companies, in accordance with 19 CFR 351.213(b), during the anniversary month of February 2008, for administrative reviews of the antidumping duty orders on shrimp from Brazil, Ecuador, India, and Thailand. The Department is now initiating administrative reviews of these orders covering 43 companies for Brazil, 81 companies for Ecuador, 336 companies for India, and 165 companies for Thailand, as noted in the ‘‘Initiation of Reviews’’ section of this notice. In accordance with the Department’s recent statement in its notice of opportunity to request administrative reviews (see Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 73 FR 6477, 6478 (February 4, 2008)), we have not initiated administrative reviews with respect to those companies which the Department was unable to locate in prior segments and for which no new information as to the party’s location was provided by the requestor. We have also not initiated administrative reviews with respect to those companies we previously determined to be duplicates or to no longer exist. See ‘‘Initiation of Reviews,’’ ‘‘Incomplete Requests for Review,’’ and ‘‘Requests for Review of Non–Existent Companies’’ sections of this notice for country–specific lists of the companies for which we did not initiate an administrative review. Initiation of Reviews In accordance with section 751(a)(1) of the Tariff Act of 1930, as amended (‘‘the Act’’), we are initiating administrative reviews of the antidumping duty orders on shrimp from Brazil, Ecuador, India and Thailand. We intend to issue the final results of these reviews by February 28, 2009. 1 The petitioner is the Ad Hoc Shrimp Trade Action Committee. E:\FR\FM\07APN1.SGM 07APN1

Agencies

[Federal Register Volume 73, Number 67 (Monday, April 7, 2008)]
[Notices]
[Pages 18753-18754]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7218]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-552-801


Certain Frozen Fish Fillets from the Socialist Republic of 
Vietnam: Initiation of Antidumping Duty New Shipper Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: April 7, 2008.
SUMMARY:  The Department of Commerce (``Department'') has determined 
that two requests for new shipper reviews (``NSR'') of the antidumping 
duty order on certain frozen fish fillets (``fish fillets'') from the 
Socialist Republic of Vietnam (``Vietnam''), received on February 25, 
2008, meet the statutory and regulatory requirements for initiation. 
The period of review (``POR'') for these two NSR is August 1, 2007 
January 31, 2008.

FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Office 
9, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, D.C. 20230; telephone: 202-482-0413.

SUPPLEMENTARY INFORMATION:

Background

    The notice announcing the antidumping duty order on fish fillets 
from Vietnam was published in the Federal Register on August 12, 2003. 
See Notice of Antidumping Duty Order: Certain Frozen Fish Fillets from 
the Socialist Republic of Vietnam, 68 FR 47909 (August 12, 2003).\1\ On 
February 25, 2008, pursuant to section 751(a)(2)(B)(i) of the Tariff 
Act of 1930, as amended (``the Act''), and 19 CFR 351.214(c), the 
Department received NSR requests from Asia Commerce Fisheries Joint 
Stock Company (``Acom'') and Hiep Thanh Seafood Joint Stock Company 
(``Hiep Thanh''). Both companies certified that they are the producers 
and exporters of the subject merchandise upon which the requests were 
based.
---------------------------------------------------------------------------

    \1\ Therefore, a semi-annual request for a NSR, based on the 
annual anniversary month, August, was due to the Department by 
February 29, 2008. See 19 CFR 351.214(d)(1).
---------------------------------------------------------------------------

    On February 28, 2008, the Department requested that Acom and Hiep 
Thanh adequately summarize the proprietary information in their NSR 
requests or provide a clear explanation as to why the information is 
not capable of summarization. See the Department's February 28, 2008, 
letters to Acom and Hiep Thanh. In addition, on February 28, 2008, the 
Department requested a clarification of information contained within 
Hiep Thanh's NSR request. On February 29, 2008, Acom and Hiep Thanh 
submitted public versions which adequately summarized their proprietary 
information and provided explanations as to why certain proprietary 
information is not capable of summarization. Moreover, on March 3, 
2008, Hiep Thanh clarified certain information contained within its NSR 
request. In addition, Hiep Thanh provided additional information on 
March 14, 2008.
    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Acom and Hiep Thanh certified that they did not 
export fish fillets to the United States during the period of 
investigation (``POI''). In addition, pursuant to section 
751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Acom 
and Hiep Thanh certified that, since the initiation of the 
investigation,

[[Page 18754]]

they have never been affiliated with any Vietnamese exporter or 
producer who exported fish fillets to the United States during the POI, 
including those not individually examined during the investigation. As 
required by 19 CFR 351.214(b)(2)(iii)(B), Acom and Hiep Thanh also 
certified that their export activities were not controlled by the 
central government of Vietnam.
    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Acom and Hiep Thanh submitted documentation 
establishing the following: (1) the dates on which Acom and Hiep Thanh 
first shipped fish fillets for export to the United States and the date 
on which the fish fillets were first entered, or withdrawn from 
warehouse, for consumption; (2) the volume of their first shipment; and 
(3) the date of their first sale to an unaffiliated customer in the 
United States.
    The Department conducted U.S. Customs and Border Protection 
(``CBP'') database queries in an attempt to confirm that Acom and Hiep 
Thanh's shipments of subject merchandise had entered the United States 
for consumption and that liquidation of such entries had been properly 
suspended for antidumping duties. The Department also examined whether 
the CBP data confirmed that such entries were made during the NSR POR. 
The information we examined was consistent with that provided by Acom 
and Hiep Thanh.

Initiation of New Shipper Reviews

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), the Department finds that Acom and Hiep Thanh meet the 
threshold requirements for initiation of a NSR for the shipments of 
fish fillets from Vietnam they produced and exported. See ``Memorandum 
to File from Paul Walker, Senior Case Analyst, Certain Frozen Fish 
Fillets from the Socialist Republic of Vietnam: Initiation of AD New 
Shipper Review for Asia Commerce Fisheries Joint Stock Company,'' 
(March 26, 2008): see also ``Memorandum to File from Paul Walker, 
Senior Case Analyst, Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam: Initiation of AD New Shipper Review for Hiep Thanh 
Seafood Joint Stock Company,'' (March 26, 2008).
    The Department intends to issue the preliminary results of these 
NSRs no later than 180 days from the date of initiation, and final 
results no later than 270 days from the date of initiation. See section 
751(a)(2)(B)(iv) of the Act.
    On August 17, 2006, the Pension Protection Act of 2006 (``H.R. 4'') 
was signed into law. Section 1632 of H.R. 4 temporarily suspends the 
authority of the Department to instruct CBP to collect a bond or other 
security in lieu of a cash deposit in new shipper reviews. Therefore, 
the posting of a bond under section 751(a)(B)(iii) of the Act in lieu 
of a cash deposit is not available in this case. Importers of fish 
fillets from Vietnam manufactured and/or exported by Acom and Hiep 
Thanh must continue to post cash deposits of estimated antidumping 
duties on each entry of subject merchandise at the current Vietnam-wide 
rate of 63.88 percent.
    Interested parties requiring access to proprietary information in 
this NSR should submit applications for disclosure under administrative 
protective order in accordance with 19 CFR 351.305 and 351.306. This 
initiation and notice are published in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: March 26, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-7218 Filed 4-4-08; 8:45 am]
BILLING CODE 3510-DS-S