Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Reviews, 15416-15417 [2010-6898]

Download as PDF 15416 Federal Register / Vol. 75, No. 59 / Monday, March 29, 2010 / Notices paper is typically but not exclusively produced as streamers in roll form and packaged in plastic bags. Crepe paper may or may not be bleached, dye colored, surface-colored, surface decorated or printed, glazed, sequined, embossed, die-cut, and/or flame retardant. Subject crepe paper may be rolled, flat or folded, and may be packaged by banding or wrapping with paper, by placing in plastic bags, and/ or by placing in boxes for distribution and use by the ultimate consumer. Packages of crepe paper subject to the order may consist solely of crepe paper of one color and/or style, or may contain multiple colors and/or styles. The merchandise subject to the order does not have specific classification numbers assigned to them under the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Subject merchandise may be under one or more of several different HTSUS subheadings, including: 4802.30; 4802.54; 4802.61; 4802.62; 4802.69; 4804.39; 4806.40; 4808.30; 4808.90; 4811.90; 4818.90; 4823.90; 9505.90.40. The tariff classifications are provided for convenience and customs purposes; however, the written description of the scope of the order is dispositive. cprice-sewell on DSK89S0YB1PROD with NOTICES Analysis of Comments Received All issues raised in this review are addressed in the ‘‘Issues and Decision Memorandum’’ (‘‘Decision Memorandum’’) from John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration, dated March 23, 2010, which is hereby adopted by this notice. The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the order were 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 the Central Records Unit in room 1117 of the main Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on the web at https:// ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memorandum are identical in content. Final Results of Review Pursuant to sections 752(c)(1) and (3) of the Act, we determine that revocation of the antidumping duty order on crepe paper from the PRC would be likely to lead to continuation or recurrence of VerDate Nov<24>2008 09:18 Apr 05, 2010 Jkt 220001 dumping at the following percentage margins: FOR FURTHER INFORMATION CONTACT: Emeka Chukwudebe, AD/CVD Operations, Office 9, Import Margin Administration, International Trade (percent) Administration, U.S. Department of Commerce, 14th Street and Constitution 266.83 Avenue, NW, Washington, DC 20230; 266.83 telephone: 202–482–0219. SUPPLEMENTARY INFORMATION: Manufacturers/exporters/producers Fuzhou Light Industry Import and Export Co., Ltd. ......................... Fuzhou Magicpro Gifts Co., Ltd. .. Everlasting Business and Industry Co. Ltd. ..................................... Fujian Nanping Investment and Enterprise Co., Ltd. ................... Ningbo Spring Stationary Co., Ltd. PRC–Wide .................................... 266.83 266.83 266.83 266.83 This notice also serves as the only reminder to parties subject to administrative protective orders (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with section 351.305 of the Department’s regulations. Timely 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 violation which is subject to sanction. We are issuing and publishing the results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act. Dated: March 23, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–6892 Filed 3–26–10; 8:45 am] BILLING CODE 3510–DS–P 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 Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: March 29, 2010. SUMMARY: The Department of Commerce (‘‘Department’’) has determined that two requests for a new shipper review (‘‘NSR’’) of the antidumping duty order on certain frozen fish fillets (‘‘fish fillets’’) from the Socialist Republic of Vietnam (‘‘Vietnam’’), received on February 19, 2010, and February 24, 2010, meet the statutory and regulatory requirements for initiation. The period of review (‘‘POR’’) for the two NSRs is August 1, 2009, through February 15, 2010. AGENCY: PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 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) (‘‘Antidumping Duty Order’’). On February 19, 2010, and on February 24, 2010, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (‘‘Act’’), and 19 CFR 351.214(c), the Department received two NSR requests from Thien Ma Seafood Company, Ltd. (‘‘Thien Ma’’) and International Development & Investment Corporation (‘‘IDI’’), respectively. Thien Ma and IDI’s requests were properly made during February 2010, which is the semi–annual anniversary of the Antidumping Duty Order. In response to inquiries from the Department, Thien Ma and IDI also submitted amendments to their initial NSR requests on March 17, 2010, and March 19, 2010, respectively. In this instance, IDI’s sale of subject merchandise was made during the POR specified by the Department’s regulations but the shipment entered within 15 days after the end of the POR. The Department finds that extending the POR to capture this entry would not prevent the completion of the review within the time limits set by the Department’s regulations. Therefore, the Department has extended the POR for the new shipper review of IDI by 15 days. Thien Ma and IDI certified that they are both the producer and exporter of the subject merchandise upon which the requests were based. Thien Ma and IDI also submitted public versions of their requests, which adequately summarized proprietary information and provided explanations as to why certain proprietary information is not capable of summarization. Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Thien Ma and IDI certified that they did not export subject merchandise 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), Thien Ma and IDI certified that, since E:\FR\FM\29MRN1.SGM 29MRN1 Federal Register / Vol. 75, No. 59 / Monday, March 29, 2010 / Notices cprice-sewell on DSK89S0YB1PROD with NOTICES the initiation of the investigation, they have never been affiliated with any Vietnamese exporter or producer who exported subject merchandise to the United States during the POI, including those respondents not individually examined during the investigation. As required by 19 CFR 351.214(b)(2)(iii)(B), Thien Ma and IDI 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), Thien Ma and IDI submitted documentation establishing the following: (1) the date on which Thien Ma and IDI first shipped subject merchandise for export to the United States and; (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 Thien Ma and IDI’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 Thien Ma and IDI. Initiation of New Shipper Reviews Pursuant to section 751(a)(2)(B) of the Tariff Act of 1930, as amended (the ‘‘Act’’) and 19 CFR 351.214(d)(1), we find that the requests submitted by Thien Ma and IDI meet the threshold requirements for initiation of a new shipper review for shipments of fish fillets from Vietnam produced and exported by Thien Ma and IDI. See ‘‘Memorandum to the File From Emeka Chukwudebe, Case Analyst, New Shipper Initiation Checklist: Certain Frozen Fish Fillets From Vietnam (A– 552–801),’’ dated concurrently with this notice. The POR is August 1, 2009, through January 31, 2010. See 19 CFR 351.214(g)(1)(i)(B). The Department intends to issue the preliminary results of this NSR no later than 180 days from the date of initiation, and the final results no later than 270 days from the date of initiation. See section 751(a)(2)(B)(iv) of the Act. It is the Department’s usual practice, in cases involving non–market economies, to require that a company seeking to establish eligibility for an antidumping duty rate separate from the country–wide rate provide evidence of VerDate Nov<24>2008 09:18 Apr 05, 2010 Jkt 220001 de jure and de facto absence of government control over the company’s export activities. Accordingly, we will issue questionnaires to Thien Ma and IDI, which will include a section requesting information with regard to Thien Ma and IDI’s export activities for separate rates purposes. The review will proceed if the response provides sufficient indication that Thien Ma and IDI are not subject to either de jure or de facto government control with respect to its export of subject merchandise. We will instruct U.S. Customs and Border Protection to allow, at the option of the importer, the posting, until the completion of the review, of a bond or security in lieu of a cash deposit for each entry of the subject merchandise from Thien Ma and IDI in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Thien Ma and IDI certified that they both produced and exported the subject merchandise, the sale of which is the basis for this new shipper review request, we will apply the bonding privilege to Thien Ma and IDI only for subject merchandise which Thien Ma and IDI both produced and exported. 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 19 CFR 351.306. This initiation and notice are in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i). Dated: March 23, 2010. John M. Andersen, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–6898 Filed 3–26–10; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE United States Patent and Trademark Office [PTO–C–2010–0033] Public Advisory Committees United States Patent and Trademark Office, Commerce. ACTION: Notice and request for nominations. AGENCY: SUMMARY: On November 29, 1999, the President signed into law the Patent and Trademark Office Efficiency Act (the ‘‘Act’’), Public Law 106–113, which, among other things, established two Public Advisory Committees to review PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 15417 the policies, goals, performance, budget and user fees of the United States Patent and Trademark Office (USPTO) with respect to patents, in the case of the Patent Public Advisory Committee, and with respect to trademarks, in the case of the Trademark Public Advisory Committee, and to advise the Director on these matters (now codified at 35 U.S.C. 5). The USPTO is requesting nominations for three (3) members to each Public Advisory Committee for terms of three years that begin from date of appointment. Nominations must be postmarked or electronically transmitted on or before June 11, 2010. DATES: Persons wishing to submit nominations should send the nominee’s ´ resume to Chief of Staff, Office of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Post Office Box 1450, Alexandria, Virginia 22313–1450; by electronic mail to: PPACnominations@uspto.gov for the Patent Public Advisory Committee or TPACnominations@uspto.gov for the Trademark Patent Public Advisory Committee; by facsimile transmission marked to the Chief of Staff’s attention at (571) 273–0464, or by mail marked to the Chief of Staff’s attention and addressed to the Office of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Post Office Box 1450, Alexandria, Virginia 22313–1450. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Andrew H. Hirshfeld, Chief of Staff, by facsimile transmission marked to his attention at (571) 273–0464, or by mail marked to his attention and addressed to the Office of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Post Office Box 1450, Alexandria, Virginia 22313–1450. The Advisory Committees’ duties include: • Review and advise the Under Secretary of Commerce for Intellectual Property and Director of the USPTO on matters relating to policies, goals, performance, budget, and user fees of the USPTO relating to patents and trademarks, respectively; and • Within 60 days after the end of each fiscal year: (1) Prepare an annual report on matters listed above; (2) transmit a report to the Secretary of Commerce, the President, and the Committees on the Judiciary of the Senate and the House of Representatives; and (3) publish the report in the Official Gazette of the USPTO. SUPPLEMENTARY INFORMATION: E:\FR\FM\29MRN1.SGM 29MRN1

Agencies

[Federal Register Volume 75, Number 59 (Monday, March 29, 2010)]
[Notices]
[Pages 15416-15417]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6898]


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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: March 29, 2010.
SUMMARY:  The Department of Commerce (``Department'') has determined 
that two requests for a new shipper review (``NSR'') of the antidumping 
duty order on certain frozen fish fillets (``fish fillets'') from the 
Socialist Republic of Vietnam (``Vietnam''), received on February 19, 
2010, and February 24, 2010, meet the statutory and regulatory 
requirements for initiation. The period of review (``POR'') for the two 
NSRs is August 1, 2009, through February 15, 2010.

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.

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) 
(``Antidumping Duty Order''). On February 19, 2010, and on February 24, 
2010, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as 
amended (``Act''), and 19 CFR 351.214(c), the Department received two 
NSR requests from Thien Ma Seafood Company, Ltd. (``Thien Ma'') and 
International Development & Investment Corporation (``IDI''), 
respectively. Thien Ma and IDI's requests were properly made during 
February 2010, which is the semi-annual anniversary of the Antidumping 
Duty Order. In response to inquiries from the Department, Thien Ma and 
IDI also submitted amendments to their initial NSR requests on March 
17, 2010, and March 19, 2010, respectively. In this instance, IDI's 
sale of subject merchandise was made during the POR specified by the 
Department's regulations but the shipment entered within 15 days after 
the end of the POR. The Department finds that extending the POR to 
capture this entry would not prevent the completion of the review 
within the time limits set by the Department's regulations. Therefore, 
the Department has extended the POR for the new shipper review of IDI 
by 15 days. Thien Ma and IDI certified that they are both the producer 
and exporter of the subject merchandise upon which the requests were 
based. Thien Ma and IDI also submitted public versions of their 
requests, which adequately summarized proprietary information and 
provided explanations as to why certain proprietary information is not 
capable of summarization.
    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Thien Ma and IDI certified that they did not export 
subject merchandise 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), Thien 
Ma and IDI certified that, since

[[Page 15417]]

the initiation of the investigation, they have never been affiliated 
with any Vietnamese exporter or producer who exported subject 
merchandise to the United States during the POI, including those 
respondents not individually examined during the investigation. As 
required by 19 CFR 351.214(b)(2)(iii)(B), Thien Ma and IDI 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), Thien Ma and IDI submitted documentation 
establishing the following: (1) the date on which Thien Ma and IDI 
first shipped subject merchandise for export to the United States and; 
(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 Thien Ma and 
IDI'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 Thien 
Ma and IDI.

Initiation of New Shipper Reviews

    Pursuant to section 751(a)(2)(B) of the Tariff Act of 1930, as 
amended (the ``Act'') and 19 CFR 351.214(d)(1), we find that the 
requests submitted by Thien Ma and IDI meet the threshold requirements 
for initiation of a new shipper review for shipments of fish fillets 
from Vietnam produced and exported by Thien Ma and IDI. See 
``Memorandum to the File From Emeka Chukwudebe, Case Analyst, New 
Shipper Initiation Checklist: Certain Frozen Fish Fillets From Vietnam 
(A-552-801),'' dated concurrently with this notice. The POR is August 
1, 2009, through January 31, 2010. See 19 CFR 351.214(g)(1)(i)(B). The 
Department intends to issue the preliminary results of this NSR no 
later than 180 days from the date of initiation, and the final results 
no later than 270 days from the date of initiation. See section 
751(a)(2)(B)(iv) of the Act.
    It is the Department's usual practice, in cases involving non-
market economies, to require that a company seeking to establish 
eligibility for an antidumping duty rate separate from the country-wide 
rate provide evidence of de jure and de facto absence of government 
control over the company's export activities. Accordingly, we will 
issue questionnaires to Thien Ma and IDI, which will include a section 
requesting information with regard to Thien Ma and IDI's export 
activities for separate rates purposes. The review will proceed if the 
response provides sufficient indication that Thien Ma and IDI are not 
subject to either de jure or de facto government control with respect 
to its export of subject merchandise.
    We will instruct U.S. Customs and Border Protection to allow, at 
the option of the importer, the posting, until the completion of the 
review, of a bond or security in lieu of a cash deposit for each entry 
of the subject merchandise from Thien Ma and IDI in accordance with 
section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because 
Thien Ma and IDI certified that they both produced and exported the 
subject merchandise, the sale of which is the basis for this new 
shipper review request, we will apply the bonding privilege to Thien Ma 
and IDI only for subject merchandise which Thien Ma and IDI both 
produced and exported.
    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 19 CFR 351.306. 
This initiation and notice are in accordance with section 751(a)(2)(B) 
of the Act and 19 CFR 351.214 and 19 CFR 351.221(c)(1)(i).

    Dated: March 23, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-6898 Filed 3-26-10; 8:45 am]
BILLING CODE 3510-DS-S