Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Rescission of Antidumping Duty Changed Circumstances Review, 7659-7660 [E9-3544]

Download as PDF Federal Register / Vol. 74, No. 32 / Thursday, February 19, 2009 / Notices in which BIS requested comments on the effects of export controls on decisions to use or not use U.S.-origin parts and components in commercial products and the effects of such decisions. DATES: Comments must be received by April 20, 2009. ADDRESSES: Comments may be submitted via e-mail to publiccomments@bis.doc.gov. Please Refer to ‘‘Parts and Components Inquiry’’ in the subject line. Comments may also be sent to Parts and Components Study, Office of Technology Evaluation, Room 2705, U.S. Department of Commerce, 14th Street and Pennsylvania Avenue, NW., Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Jennifer Watts, Office of Technology Evaluation, Bureau of Industry and Security, telephone: 202–482–8343; fax: 202–482–5361; e-mail jwatts@bis.doc.gov. The Bureau of Industry and Security published a notice of inquiry requesting comments on the effects of export controls on decisions to use or not use U.S.-origin parts and components in commercial products and the effects of such decisions (74 FR 263, January 5, 2009). That notice set a due date of February 19, 2009 for receipt of public comments by BIS. BIS is now extending the comment period to April 20, 2009 to allow the public more time to comment. SUPPLEMENTARY INFORMATION: Dated: February 13, 2009. Matthew S. Borman, Acting Assistant Secretary for Export Administration. [FR Doc. E9–3525 Filed 2–18–09; 8:45 am] BILLING CODE 3501–33–P DEPARTMENT OF COMMERCE International Trade Administration [A–552–801] sroberts on PROD1PC70 with NOTICES Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Rescission of Antidumping Duty Changed Circumstances Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 21, 2007, in response to a request from an interested party, the Department of Commerce (‘‘Department’’) initiated a changed circumstances review of the antidumping duty order on certain frozen fish fillets from Socialist Republic of Vietnam (‘‘Vietnam’’). See VerDate Nov<24>2008 17:38 Feb 18, 2009 Jkt 217001 Certain Frozen Fish Fillets from Vietnam: Notice of Initiation and Preliminary Results of Changed Circumstances Review, 72 FR 46604 (August 21, 2007) (‘‘Initiation and Preliminary Results’’). We are rescinding the changed circumstances review because we have initiated an administrative review covering the firms in question and intend to address any considerations arising from the changed circumstances review within the context of the 2007/2008 administrative review of this order. EFFECTIVE DATE: February 19, 2009. FOR FURTHER INFORMATION CONTACT: Javier Barrientos, 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) 482–2243. SUPPLEMENTARY INFORMATION: Background On August 21, 2007, the Department issued its initiation and preliminary results. See Initiation and Preliminary Results. As part of the Initiation and Preliminary Results, the Department invited interested parties to submit case and rebuttal briefs, and provided parties the opportunity to request a hearing. Id. at 46606. On September 20, 2007, the Catfish Farmers of America and individual U.S. catfish processors (collectively ‘‘Petitioners’’) submitted their case brief. No other party submitted briefs. On September 25, 2007, Vinh Hoan Co., Ltd./Corporation (‘‘Vinh Hoan’’) submitted a rebuttal brief. Based on parties’ comments in their case and rebuttal briefs, the Department issued Vinh Hoan a questionnaire on February 13, 2008, and received its response on February 29, 2008. Because the Department issued its questionnaire subsequent to the briefing schedule, we invited parties to comment on Vinh Hoan’s February 29, 2008, response. See Memo to the File, dated May 16, 2008. On May 23, 2008, the Department received a supplemental brief from Petitioners. On May 28, 2008, the Department received a rebuttal brief from Vinh Hoan. Based on continuing questions regarding affiliation issues, the Department issued Vinh Hoan and its affiliate a supplemental questionnaire on September 11, 2008, and received their response on September 29, 2008. On September 30, 2008, we initiated the 2007/2008 administrative review on certain frozen fish fillets from Vietnam. See Initiation of Antidumping and Countervailing Duty Administrative PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 7659 Reviews and Requests for Revocation in Part, 73 FR 56795 (September 30, 2008). On October 29, 2008, the Department issued its respondent selection memorandum, wherein Vinh Hoan was selected as a mandatory respondent in the 2007/2008 administrative review. On November 3, 2008, the Department issued Vinh Hoan its initial administrative review questionnaire, including questions regarding its affiliations. On November 24, 2008, December 10, 2008, and December 23, 2008, the Department received Vinh Hoan’s and its affiliate’s Section A, Section C, and Section D questionnaire responses. Scope of the Order The product covered by the order is frozen fish fillets, including regular, shank, and strip fillets and portions thereof, whether or not breaded or marinated, of the species Pangasius Bocourti, Pangasius Hypophthalmus (also known as Pangasius Pangasius), and Pangasius Micronemus. Frozen fish fillets are lengthwise cuts of whole fish. The fillet products covered by the scope include boneless fillets with the belly flap intact (‘‘regular’’ fillets), boneless fillets with the belly flap removed (‘‘shank’’ fillets), boneless shank fillets cut into strips (‘‘fillet strips/finger’’), which include fillets cut into strips, chunks, blocks, skewers, or any other shape. Specifically excluded from the scope are frozen whole fish (whether or not dressed), frozen steaks, and frozen belly–flap nuggets. Frozen whole dressed fish are deheaded, skinned, and eviscerated. Steaks are bone–in, cross– section cuts of dressed fish. Nuggets are the belly–flaps. The subject merchandise will be hereinafter referred to as frozen ‘‘basa’’ and ‘‘tra’’ fillets, which are the Vietnamese common names for these species of fish. These products are classifiable under tariff article codes 1604.19.4000, 1604.19.5000, 0305.59.4000, 0304.29.6033 (Frozen Fish Fillets of the species Pangasius including basa and tra) of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’).1 The order covers all frozen fish fillets meeting the above specification, regardless of tariff classification. Although the HTSUS subheadings are provided for convenience and customs 1 Until July 1, 2004, these products were classifiable under tariff article codes 0304.20.60.30 (Frozen Catfish Fillets), 0304.20.60.96 (Frozen Fish Fillets, NESOI), 0304.20.60.43 (Frozen Freshwater Fish Fillets) and 0304.20.60.57 (Frozen Sole Fillets) of the HTSUS. Until February 1, 2007, these products were classifiable under tariff article code 0304.20.60.33 (Frozen Fish Fillets of the species Pangasius including basa and tra) of the HTSUS. E:\FR\FM\19FEN1.SGM 19FEN1 7660 Federal Register / Vol. 74, No. 32 / Thursday, February 19, 2009 / Notices purposes, our written description of the scope of the order is dispositive. Rescission of Changed Circumstances Review Because Vinh Hoan has been selected as a respondent for individual examination in the ongoing administrative review, we will be examining the impact of the affiliation in that proceeding. This examination will include addressing issues with respect to the production and/or sales Vinh Hoan and its affiliate, or their subsidiaries, made to the United States during the period of review and the effect that any affiliation may have had on the operations and management of the relevant firms for purposes of determining, among other things, whether Vinh Hoan and its affiliate should be treated as a single entity. Thus, we intend to address all issues arising out of the changed circumstances review on certain frozen fish fillets from Vietnam in the context of the 2007/2008 administrative review. Accordingly, we are rescinding the changed circumstances review with respect to the antidumping duty order on certain frozen fish fillets from Vietnam. We will incorporate the record of the rescinded changed circumstances review into the record of the 2007/2008 administrative review. Dated: February 10, 2009. Gary Taverman, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–3544 Filed 2–18–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–905] sroberts on PROD1PC70 with NOTICES Certain Polyester Staple Fiber from the People’s Republic of China: Extension of Time Limit for the Preliminary Results of the Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: February 19, 2009. FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe, 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) 482–0219. VerDate Nov<24>2008 17:38 Feb 18, 2009 Jkt 217001 Background DEPARTMENT OF COMMERCE On July 30, 2008, the Department published a notice of initiation of an administrative review of certain polyester staple fiber from the People’s Republic of China covering the period December 26, 2006, through May 31, 2008. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, Request for Revocation in Part, and Deferral of Administrative Review, 73 FR 44220 (July 30, 2008). The preliminary results are currently due no later than March 2, 2009. International Trade Administration Statutory Time Limits Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires the Department to make a preliminary determination within 245 days after the last day of the anniversary month of an order for which a review is requested and a final determination within 120 days after the date on which the preliminary results are published. However, if it is not practicable to complete the review within these time periods, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the preliminary determination to a maximum of 365 days after the last day of the anniversary month. Extension of Time Limit of Preliminary Results We determine that it is not practicable to complete the preliminary results of this review within the original time limit because the Department requires additional time to analyze the supplemental questionnaire responses, possibly issue additional supplemental questionnaires, and evaluate the most appropriate surrogate values on the administrative record to use in this segment of the proceeding. Therefore, the Department is extending the time limit for completion of the preliminary results by 120 days. The preliminary results will now be due no later than June 30, 2009. The final results continue to be due 120 days after the publication of the preliminary results. We are issuing and publishing this notice in accordance with sections 751(a)(3)(A) and 777(i) of the Act. Dated: February 11, 2009. Gary Taverman, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. E9–3539 Filed 2–18–09; 8:45 am] BILLING CODE 3510–DS–S PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 [A–570–806] Silicon Metal from the People’s Republic of China: Extension of Preliminary Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) is extending the time limit for the preliminary results of the administrative review of silicon metal from the People’s Republic of China (‘‘PRC’’). This review covers the period June 1, 2007, through May 31, 2008. EFFECTIVE DATE: February 19, 2009. FOR FURTHER INFORMATION CONTACT: Bobby Wong or Jerry Huang, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC 20230; telephone: (202) 482–0409 or (202) 482– 4047, respectively. Background On July 30, 2008, the Department published a notice of initiation of the administrative review of the antidumping duty order on silicon metal from the PRC. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, Request for Revocation in Part, and Deferral of Administrative Review, 73 FR 44220 (July 30, 2008). The preliminary results of this review are currently due no later than March 2, 2009. Statutory Time Limits In antidumping duty administrative reviews, section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), requires the Department to make a preliminary determination within 245 days after the last day of the anniversary month of an order for which a review is requested and a final determination within 120 days after the date on which the preliminary results are published. However, if it is not practicable to complete the review within these time periods, section 751(a)(3)(A) of the Act allows the Department to extend the time limit for the preliminary determination to a maximum of 365 days after the last day of the anniversary month. Extension of Time Limit for Preliminary Results of Review We determine that it is not practicable to complete the preliminary results of E:\FR\FM\19FEN1.SGM 19FEN1

Agencies

[Federal Register Volume 74, Number 32 (Thursday, February 19, 2009)]
[Notices]
[Pages 7659-7660]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3544]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-801]


Certain Frozen Fish Fillets from the Socialist Republic of 
Vietnam: Rescission of Antidumping Duty Changed Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On August 21, 2007, in response to a request from an 
interested party, the Department of Commerce (``Department'') initiated 
a changed circumstances review of the antidumping duty order on certain 
frozen fish fillets from Socialist Republic of Vietnam (``Vietnam''). 
See Certain Frozen Fish Fillets from Vietnam: Notice of Initiation and 
Preliminary Results of Changed Circumstances Review, 72 FR 46604 
(August 21, 2007) (``Initiation and Preliminary Results''). We are 
rescinding the changed circumstances review because we have initiated 
an administrative review covering the firms in question and intend to 
address any considerations arising from the changed circumstances 
review within the context of the 2007/2008 administrative review of 
this order.

EFFECTIVE DATE: February 19, 2009.

FOR FURTHER INFORMATION CONTACT: Javier Barrientos, 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) 482-2243.

SUPPLEMENTARY INFORMATION:

Background

    On August 21, 2007, the Department issued its initiation and 
preliminary results. See Initiation and Preliminary Results. As part of 
the Initiation and Preliminary Results, the Department invited 
interested parties to submit case and rebuttal briefs, and provided 
parties the opportunity to request a hearing. Id. at 46606. On 
September 20, 2007, the Catfish Farmers of America and individual U.S. 
catfish processors (collectively ``Petitioners'') submitted their case 
brief. No other party submitted briefs. On September 25, 2007, Vinh 
Hoan Co., Ltd./Corporation (``Vinh Hoan'') submitted a rebuttal brief. 
Based on parties' comments in their case and rebuttal briefs, the 
Department issued Vinh Hoan a questionnaire on February 13, 2008, and 
received its response on February 29, 2008. Because the Department 
issued its questionnaire subsequent to the briefing schedule, we 
invited parties to comment on Vinh Hoan's February 29, 2008, response. 
See Memo to the File, dated May 16, 2008. On May 23, 2008, the 
Department received a supplemental brief from Petitioners. On May 28, 
2008, the Department received a rebuttal brief from Vinh Hoan. Based on 
continuing questions regarding affiliation issues, the Department 
issued Vinh Hoan and its affiliate a supplemental questionnaire on 
September 11, 2008, and received their response on September 29, 2008.
    On September 30, 2008, we initiated the 2007/2008 administrative 
review on certain frozen fish fillets from Vietnam. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews and Requests 
for Revocation in Part, 73 FR 56795 (September 30, 2008). On October 
29, 2008, the Department issued its respondent selection memorandum, 
wherein Vinh Hoan was selected as a mandatory respondent in the 2007/
2008 administrative review. On November 3, 2008, the Department issued 
Vinh Hoan its initial administrative review questionnaire, including 
questions regarding its affiliations. On November 24, 2008, December 
10, 2008, and December 23, 2008, the Department received Vinh Hoan's 
and its affiliate's Section A, Section C, and Section D questionnaire 
responses.

Scope of the Order

    The product covered by the order is frozen fish fillets, including 
regular, shank, and strip fillets and portions thereof, whether or not 
breaded or marinated, of the species Pangasius Bocourti, Pangasius 
Hypophthalmus (also known as Pangasius Pangasius), and Pangasius 
Micronemus. Frozen fish fillets are lengthwise cuts of whole fish. The 
fillet products covered by the scope include boneless fillets with the 
belly flap intact (``regular'' fillets), boneless fillets with the 
belly flap removed (``shank'' fillets), boneless shank fillets cut into 
strips (``fillet strips/finger''), which include fillets cut into 
strips, chunks, blocks, skewers, or any other shape. Specifically 
excluded from the scope are frozen whole fish (whether or not dressed), 
frozen steaks, and frozen belly-flap nuggets. Frozen whole dressed fish 
are deheaded, skinned, and eviscerated. Steaks are bone-in, cross-
section cuts of dressed fish. Nuggets are the belly-flaps. The subject 
merchandise will be hereinafter referred to as frozen ``basa'' and 
``tra'' fillets, which are the Vietnamese common names for these 
species of fish. These products are classifiable under tariff article 
codes 1604.19.4000, 1604.19.5000, 0305.59.4000, 0304.29.6033 (Frozen 
Fish Fillets of the species Pangasius including basa and tra) of the 
Harmonized Tariff Schedule of the United States (``HTSUS'').\1\ The 
order covers all frozen fish fillets meeting the above specification, 
regardless of tariff classification. Although the HTSUS subheadings are 
provided for convenience and customs

[[Page 7660]]

purposes, our written description of the scope of the order is 
dispositive.
---------------------------------------------------------------------------

    \1\ Until July 1, 2004, these products were classifiable under 
tariff article codes 0304.20.60.30 (Frozen Catfish Fillets), 
0304.20.60.96 (Frozen Fish Fillets, NESOI), 0304.20.60.43 (Frozen 
Freshwater Fish Fillets) and 0304.20.60.57 (Frozen Sole Fillets) of 
the HTSUS. Until February 1, 2007, these products were classifiable 
under tariff article code 0304.20.60.33 (Frozen Fish Fillets of the 
species Pangasius including basa and tra) of the HTSUS.
---------------------------------------------------------------------------

Rescission of Changed Circumstances Review

    Because Vinh Hoan has been selected as a respondent for individual 
examination in the ongoing administrative review, we will be examining 
the impact of the affiliation in that proceeding. This examination will 
include addressing issues with respect to the production and/or sales 
Vinh Hoan and its affiliate, or their subsidiaries, made to the United 
States during the period of review and the effect that any affiliation 
may have had on the operations and management of the relevant firms for 
purposes of determining, among other things, whether Vinh Hoan and its 
affiliate should be treated as a single entity. Thus, we intend to 
address all issues arising out of the changed circumstances review on 
certain frozen fish fillets from Vietnam in the context of the 2007/
2008 administrative review. Accordingly, we are rescinding the changed 
circumstances review with respect to the antidumping duty order on 
certain frozen fish fillets from Vietnam.
    We will incorporate the record of the rescinded changed 
circumstances review into the record of the 2007/2008 administrative 
review.

    Dated: February 10, 2009.
Gary Taverman,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-3544 Filed 2-18-09; 8:45 am]
BILLING CODE 3510-DS-S