[Federal Register: August 12, 2003 (Volume 68, Number 155)]
[Notices]
[Page 47909-47910]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au03-34]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-801]
Notice of Antidumping Duty Order: Certain Frozen Fish Fillets
from the Socialist Republic of Vietnam
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Antidumping Duty Order.
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EFFECTIVE DATE: August 12, 2003
FOR FURTHER INFORMATION CONTACT: Joe Welton, Alex Villanueva, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230;
telephone: (202) 482-0165, 482-3208, respectively.
SUPPLEMENTARY INFORMATION:
Scope Of Investigation
For purposes of this investigation, the product covered 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 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 Harmonized
Tariff Schedule of the United States (``HTSUS''). This investigation
covers all frozen fish fillets meeting the above specification,
regardless of tariff classification. Although the HTSUS subheadings are
provided for convenience and customs purposes, our written description
of the scope of this proceeding is dispositive.
Background
In accordance with section 735(a) of the Tariff Act, the Department
made its final determination that certain frozen fish fillets from the
Socialist Republic of Vietnam (``Vietnam'') are being sold at less than
fair value. See Notice of Final Antidumping Duty Determination of Sales
at Less Than Fair Value and Affirmative Critical Circumstances: Certain
Frozen Fish Fillets from the Socialist Republic of Vietnam(``Final
Determination'') 68 FR 37116 (June 23, 2003). We received ministerial
error allegations from respondents and petitioners and upon
consideration of these allegations, we amended the Final Determination.
See Notice of Amended Final Antidumping Duty Determination of Sales at
Less Than Fair Value: Certain Frozen Fish Fillets from the Socialist
Republic of Vietnam (``Amended Final Determination'') 68 FR 43713 (July
24, 2003).
Antidumping Duty Order
On August 6, 2003, the International Trade Commission (``the
Commission'') notified the Department of its final determination
pursuant to section 735(b)(1)(A)(e) of the Tariff Act that an industry
in the United States is materially injured by reason of less-than-fair-
value imports of subject merchandise from Vietnam. In addition, the ITC
notified the Department of its final determination that critical
circumstances do not exist with respect to imports of subject
merchandise from Vietnam that are subject to the Department's
affirmative critical circumstances finding. Therefore, in accordance
with section 736(a)(1) of the Act, the Department will direct U.S.
Bureau of Customs and Border Protection (``Customs'') to assess, upon
further advice by the Department, antidumping duties equal to the
amount by which the normal value of the merchandise exceeds the export
price of the merchandise for all relevant entries of certain frozen
fish fillets from Vietnam. These antidumping duties will be assessed on
all unliquidated entries of certain frozen fish fillets from Vietnam
entered, or withdrawn from the warehouse, for consumption on or after
January 31, 2003, the date on which the Department published the Notice
of Preliminary Determination of Sales at Less Than Fair Value,
Affirmative Preliminary Determination of Critical Circumstances and
Postponement of Final Determination: Certain Frozen Fish Fillets From
the Socialist Republic of Vietnam (``Preliminary Determination''), 68
FR 4986.
With regard to the ITC negative critical circumstances
determination, we will instruct Customs to lift suspension and to
release any bond or other security, and refund any cash deposit made,
to secure the payment of antidumping duties with respect to entries of
the merchandise entered, or withdrawn from warehouse, for consumption
on or after November 2, 2002, but before January 31, 2003. November 2,
2002 is 90 days prior to January 31, 2003, the date of publication of
the Department's preliminary determination in the Federal Register.
Customs must require, at the same time as importers would normally
deposit estimated duties on this merchandise, a cash deposit equal to
the estimated weighted-average antidumping duty margins as noted below.
The ``Vietnam-Wide'' rates apply to all exporters of subject
merchandise not specifically listed. The weighted-average dumping
margins are as follows:
[[Page 47910]]
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Certain Frozen Fish Fillets from Vietnam
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Producer/Manufacturer/Exporter Weighted-Average Margin
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Agifish............................. 47.05
Vinh Hoan........................... 36.84
Nam Viet............................ 53.68
CATACO.............................. 45.81
Afiex............................... 45.55
CAFATEX............................. 45.55
Da Nang............................. 45.55
Mekonimex........................... 45.55
QVD................................. 45.55
Viet Hai............................ 45.55
Vinh Long........................... 45.55
Vietnam-Wide........................ 63.88
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This notice constitutes the antidumping duty order with respect to
certain frozen fish fillets from Vietnam. Interested parties may
contact the Department's Central Records Unit, Room B-099 of the main
Commerce building, for copies of an updated list of antidumping duty
orders currently in effect.
This order is published in accordance with section 736(a) of the
Act and 19 C.F.R. 351.211.
Dated: July 31, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Grant Aldonas, Under Secretary.
[FR Doc. 03-20509 Filed 8-11-03; 8:45 am]
BILLING CODE 3510-DS-S