Certain Frozen Fish Fillets From the Socialist Republic of Vietnam: Initiation of Antidumping Duty New Shipper Review; 2012-2013, 59915-59916 [2013-23786]

Download as PDF Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Notices Secretary at the address below. The closing period for their receipt is November 29, 2013. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to December 16, 2013. A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the FTZ Board’s Web site, which is accessible via www.trade.gov/ftz. For further information, contact Christopher Kemp at Christopher.Kemp@trade.gov or (202) 482–0862. Dated: September 19, 2013. Andrew McGilvray, Executive Secretary. [FR Doc. 2013–23654 Filed 9–27–13; 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 Review; 2012–2013 Import Administration, International Trade Administration, Department of Commerce. AGENCY: Effective September 30, 2013. The Department of Commerce (‘‘the Department’’) has received a timely request for a new shipper review (‘‘NSR’’) of the antidumping duty (‘‘AD’’) order on certain frozen fish fillets (‘‘fish fillets’’) from the Socialist Republic of Vietnam (‘‘Vietnam’’) that meets the statutory and regulatory requirements for initiation. The period of review (‘‘POR’’) for this NSR is August 1, 2012, through July 31, 2013. DATES: SUMMARY: tkelley on DSK3SPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit, 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– 482–0238. SUPPLEMENTARY INFORMATION: Background The AD order on fish fillets from Vietnam was published on August 12, VerDate Mar<15>2010 18:06 Sep 27, 2013 Jkt 229001 2003.1 On September 3, 2013, pursuant to section 751(a)(2)(B)(i) of the Tariff Act of 1930, as amended (‘‘the Act’’), and 19 CFR 351.214(b), the Department received an NSR request from Thanh Hung Co., Ltd. D/B/A Thanh Hung Frozen Seafood Processing Import Export Co., Ltd. (‘‘Thanh Hung’’).2 Thanh Hung certified that it is a producer and exporter of the subject merchandise and that it exported, or has sold for export, subject merchandise to the United States.3 Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 351.214(b)(2)(i), Thanh Hung certified that it did not export subject merchandise to the United States during the period of investigation (‘‘POI’’).4 In addition, pursuant to section 751(a)(2)(B)(i)(II) of the Act and 19 CFR 351.214(b)(2)(iii)(A), Thanh Hung certified that, since the initiation of the investigation, it has 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.5 As required by 19 CFR 351.214(b)(2)(iii)(B), Thanh Hung also certified that its export activities were not controlled by the central government of Vietnam.6 In addition to the certifications described above, pursuant to 19 CFR 351.214(b)(2)(iv), Thanh Hung submitted documentation establishing the following: (1) The date on which it first shipped subject merchandise for export to the United States; (2) the volume of its first shipment; and (3) the date of its first sale to an unaffiliated customer in the United States.7 Finally, the Department conducted a U.S. Customs and Border Protection (‘‘CBP’’) database query and confirmed the price, quantity, date of sale, and date of entry of the sale at issue. In addition, the Department confirmed that the data on any subsequent shipments corresponds with the information provided by Thanh Hung.8 1 See Notice of Antidumping Duty Order: Certain Frozen Fish Fillets From the Socialist Republic of Vietnam, 68 FR 47909 (August 12, 2003). 2 See Letter from Thanh Hung, re: Request for New Shipper Review: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Review Period—8/1/12–7/31/13, dated September 3, 2013. 3 Id. at 2 and Exhibit 1. 4 Id. 5 Id. 6 Id. 7 Id. at Exhibits 2, 3, and 4; see also Memorandum to the File, from Susan Pulongbarit, ‘‘Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: Placing CBP Data on the Record’’ (‘‘CBP Memo’’), dated concurrently with this notice and herein incorporated by reference. 8 See Memorandum to the File from Scot Fullerton, Program Manager, ‘‘Certain Frozen Fish PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 59915 Initiation of New Shipper Review Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(d)(1), and based on the documentation provided by Thanh Hung, we find that the request submitted by Thanh Hung meets the requirements for initiation of the NSR for shipments of fish fillets from Vietnam.9 The POR is August 1, 2012, through July 31, 2013.10 Absent a determination that the case is extraordinarily complicated, the Department intends to issue the preliminary results of this NSR within 180 days from the date of initiation and the final results within 270 days from the date of initiation.11 It is the Department’s usual practice, in cases involving non-market economies, to require that a company seeking to establish eligibility for an AD 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 a questionnaire to Thanh Hung that will include a separate-rate section. The review of Thanh Hung will proceed if the response provides sufficient indication that it is not subject to either de jure or de facto government control with respect to its exports of fish fillets. We will instruct CBP 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 the requesting company in accordance with section 751(a)(2)(B)(iii) of the Act and 19 CFR 351.214(e). Because Thanh Hung certified that it both produced and exported the subject merchandise, the sale of which is the basis for the new-shipper request for review, we will instruct CBP to permit the use of a bond only for subject merchandise which Thanh Hung 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, 19 CFR 351.214, and 19 CFR 351.221(c)(1)(i). Fillets from the Socialist Republic of Vietnam: New Shipper Initiation Checklists’’ (‘‘Initiation Checklist’’), dated concurrently with this notice and herein incorporated by reference; see also CBP Memo. 9 See Initiation Checklist. 10 See 19 CFR 351.214(g)(1)(i)(A). 11 See section 751(a)(2)(B)(iv) of the Act. E:\FR\FM\30SEN1.SGM 30SEN1 59916 Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Notices Dated: September 24. 2013. Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations. [FR Doc. 2013–23786 Filed 9–27–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration tkelley on DSK3SPTVN1PROD with NOTICES Application(s) for Duty-Free Entry of Scientific Instruments Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89–651, as amended by Pub. L. 106– 36; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of whether instruments of equivalent scientific value, for the purposes for which the instruments shown below are intended to be used, are being manufactured in the United States. Comments must comply with 15 CFR 301.5(a)(3) and (4) of the regulations and be postmarked on or before October 21, 2013. Address written comments to Statutory Import Programs Staff, Room 3720, U.S. Department of Commerce, Washington, DC 20230. Applications may be examined between 8:30 a.m. and 5:00 p.m. at the U.S. Department of Commerce in Room 3720. Docket Number: 13–028. Applicant: University of Minnesota, Dept. of Chemical Engineering & Material Science, 421 Washington Avenue SE, Minneapolis, MN 55455. Instrument: Electron Microscope. Manufacturer: FEI Company, the Netherlands. Intended Use: The instrument will be used to study chemical bonds between atoms in bulk crystals and defects near those, which requires aberration-corrected ADF–STEM imaging with sub-0.2 eV resolution EELS, as well as the study of the magnetic and electronic properties of heterostructured magnetic materials, which also requires atomic-resolution EDS. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: August 8, 2013. Docket Number: 13–035. Applicant: Colorado State University, Department of Chemistry, 1872 Campus Delivery, Fort Collins, CO 80523–1872. Instrument: Electron Microscope. Manufacturer: JEOL Ltd., Japan. Intended Use: The instrument will be used to determine the uniformity of particle formation, bulk transport and absorption properties of Cu2ZnSnS4 nanoparticles in photovoltaics, the VerDate Mar<15>2010 18:06 Sep 27, 2013 Jkt 229001 elemental composition of CuSi nanowires, accurate measure of pore structures in plasma formed tubule structures that are less than 50nm, characterization of plasma induced damage to multi-walled carbon nanotubes, grain size and filing mechanisms in PbTiO3 nanotubes, structure and chemical makeup of nanoclusters of iridium or cobalt atoms used industrially as hydrogenation catalysts and structure of gold nanoparticles with a variable number and variety of attached thiolate ligands. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: August 12, 2013. Docket Number: 13–038. Applicant: Air Force Institute of Technology, 2950 Hobson Way, Wright-Patterson AFB, OH, 45433–7765. Instrument: Electron Microscope. Manufacturer: FEI Company, Czech Republic. Intended Use: The instrument will be used to study non-biological microelectronics, micro-electromechanical systems (MEMS) as well as nanotechnology materials and devices. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: September 10, 2013. Docket Number: 13–039. Applicant: Department of Transportation, Turner Fairbank Highway Research Center, 6300 Georgetown Pike, McClean, VA 22101. Instrument: Electron Microscope. Manufacturer: FEI Company, Czech Republic. Intended Use: The instrument will be used to observe the crystal structure changes in the cement in 3 hydrates, as well as to investigate the causes of premature failures in highway structures. The experiments will involve the study of the rate of setting or hydration of concrete mixtures in which a large portion of the cement is replaced by fly ash from coal burning power plants. The objective is to reduce the amount cement (a major source of greenhouse gases) with a waste product, fly ash, which is produced by coal burning power plants. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: September 13, 2013. Docket Number: 13–040. Applicant: Center for Disease Control and Prevention, 2920 Brandywine Road, RM 3000, Atlanta, GA 3041–5539. Instrument: Electron Microscope. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Manufacturer: FEI Company, Czech Republic. Intended Use: The instrument will be used to expand the understanding of impacts of tobacco use on individuals as part of U.S. Public Health studies, including how the particle size and composition in the smoke affects the change in type and pulmonary location of cancers prevalent in smokers. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: September 12, 2013. Docket Number: 13–041. Applicant: Sanford-Burnham Medical Research, 10901 No. Torrey Pines Road, La Jolla, CA 92037. Instrument: Electron Microscope. Manufacturer: FEI Company, the Netherlands. Intended Use: The instrument will be used to learn how molecules that work inside living cells like Arp2/3 complex, adhesosomes, and ribosomes work together to perform their cellular duties. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: September 12, 2013. Dated: September 23, 2013. Gregory W. Campbell, Director of Subsidies Enforcement, Import Administration. [FR Doc. 2013–23778 Filed 9–27–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XC889 Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. AGENCY: The South Atlantic Fishery Management Council (SAFMC) will hold a meeting of its Scientific and Statistical Committee (SSC). See SUPPLEMENTARY INFORMATION. DATES: The SSC will meet 9 a.m.—6 p.m. on Tuesday, October 22, 2013; 9 a.m.—6 p.m. on Wednesday, October 23, 2013; and 9 a.m.—2 p.m. on Thursday, October 24, 2013. ADDRESSES: SUMMARY: E:\FR\FM\30SEN1.SGM 30SEN1

Agencies

[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Notices]
[Pages 59915-59916]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23786]


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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 Review; 2012-2013

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

DATES: Effective September 30, 2013.
SUMMARY: The Department of Commerce (``the Department'') has received a 
timely request for a new shipper review (``NSR'') of the antidumping 
duty (``AD'') order on certain frozen fish fillets (``fish fillets'') 
from the Socialist Republic of Vietnam (``Vietnam'') that meets the 
statutory and regulatory requirements for initiation. The period of 
review (``POR'') for this NSR is August 1, 2012, through July 31, 2013.

FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit, 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: 202-482-0238.

SUPPLEMENTARY INFORMATION: 

Background

    The AD order on fish fillets from Vietnam was published on August 
12, 2003.\1\ On September 3, 2013, pursuant to section 751(a)(2)(B)(i) 
of the Tariff Act of 1930, as amended (``the Act''), and 19 CFR 
351.214(b), the Department received an NSR request from Thanh Hung Co., 
Ltd. D/B/A Thanh Hung Frozen Seafood Processing Import Export Co., Ltd. 
(``Thanh Hung'').\2\ Thanh Hung certified that it is a producer and 
exporter of the subject merchandise and that it exported, or has sold 
for export, subject merchandise to the United States.\3\
---------------------------------------------------------------------------

    \1\ See Notice of Antidumping Duty Order: Certain Frozen Fish 
Fillets From the Socialist Republic of Vietnam, 68 FR 47909 (August 
12, 2003).
    \2\ See Letter from Thanh Hung, re: Request for New Shipper 
Review: Certain Frozen Fish Fillets from the Socialist Republic of 
Vietnam: Review Period--8/1/12-7/31/13, dated September 3, 2013.
    \3\ Id. at 2 and Exhibit 1.
---------------------------------------------------------------------------

    Pursuant to section 751(a)(2)(B)(i)(I) of the Act and 19 CFR 
351.214(b)(2)(i), Thanh Hung certified that it did not export subject 
merchandise to the United States during the period of investigation 
(``POI'').\4\ In addition, pursuant to section 751(a)(2)(B)(i)(II) of 
the Act and 19 CFR 351.214(b)(2)(iii)(A), Thanh Hung certified that, 
since the initiation of the investigation, it has 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.\5\ As 
required by 19 CFR 351.214(b)(2)(iii)(B), Thanh Hung also certified 
that its export activities were not controlled by the central 
government of Vietnam.\6\
---------------------------------------------------------------------------

    \4\ Id.
    \5\ Id.
    \6\ Id.
---------------------------------------------------------------------------

    In addition to the certifications described above, pursuant to 19 
CFR 351.214(b)(2)(iv), Thanh Hung submitted documentation establishing 
the following: (1) The date on which it first shipped subject 
merchandise for export to the United States; (2) the volume of its 
first shipment; and (3) the date of its first sale to an unaffiliated 
customer in the United States.\7\
---------------------------------------------------------------------------

    \7\ Id. at Exhibits 2, 3, and 4; see also Memorandum to the 
File, from Susan Pulongbarit, ``Certain Frozen Fish Fillets from the 
Socialist Republic of Vietnam: Placing CBP Data on the Record'' 
(``CBP Memo''), dated concurrently with this notice and herein 
incorporated by reference.
---------------------------------------------------------------------------

    Finally, the Department conducted a U.S. Customs and Border 
Protection (``CBP'') database query and confirmed the price, quantity, 
date of sale, and date of entry of the sale at issue. In addition, the 
Department confirmed that the data on any subsequent shipments 
corresponds with the information provided by Thanh Hung.\8\
---------------------------------------------------------------------------

    \8\ See Memorandum to the File from Scot Fullerton, Program 
Manager, ``Certain Frozen Fish Fillets from the Socialist Republic 
of Vietnam: New Shipper Initiation Checklists'' (``Initiation 
Checklist''), dated concurrently with this notice and herein 
incorporated by reference; see also CBP Memo.
---------------------------------------------------------------------------

Initiation of New Shipper Review

    Pursuant to section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), and based on the documentation provided by Thanh Hung, 
we find that the request submitted by Thanh Hung meets the requirements 
for initiation of the NSR for shipments of fish fillets from 
Vietnam.\9\ The POR is August 1, 2012, through July 31, 2013.\10\ 
Absent a determination that the case is extraordinarily complicated, 
the Department intends to issue the preliminary results of this NSR 
within 180 days from the date of initiation and the final results 
within 270 days from the date of initiation.\11\
---------------------------------------------------------------------------

    \9\ See Initiation Checklist.
    \10\ See 19 CFR 351.214(g)(1)(i)(A).
    \11\ 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 AD 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 a questionnaire 
to Thanh Hung that will include a separate-rate section. The review of 
Thanh Hung will proceed if the response provides sufficient indication 
that it is not subject to either de jure or de facto government control 
with respect to its exports of fish fillets.
    We will instruct CBP 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 
the requesting company in accordance with section 751(a)(2)(B)(iii) of 
the Act and 19 CFR 351.214(e). Because Thanh Hung certified that it 
both produced and exported the subject merchandise, the sale of which 
is the basis for the new-shipper request for review, we will instruct 
CBP to permit the use of a bond only for subject merchandise which 
Thanh Hung 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, 19 CFR 351.214, and 19 CFR 351.221(c)(1)(i).


[[Page 59916]]


     Dated: September 24. 2013.
Gary Taverman,
Senior Advisor for Antidumping and Countervailing Duty Operations.
[FR Doc. 2013-23786 Filed 9-27-13; 8:45 am]
BILLING CODE 3510-DS-P