AD/CVD message 6080201 - PRELIMINARY AFFIRMATIVE DETERMINATION OF CIRCUMVENTION OF THE ANTIDUMPING DUTY ORDER ON CERTAIN FROZEN FISH FI LLETS FROM VIETNAM (A-552-801), CAMBODIA (A-555-801)

6080201
Mar 21, 2006
Active

Category: Antidumping • Type: Administrative Review • Cases: A-552-801 A-555-801

MESSAGE NO: 6080201 DATE: 03 21 2006
CATEGORY: ADA TYPE: ADM
REFERENCE: REFERENCE DATE:
CASES: A - 552 - 801 A - 555 - 801
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PERIOD COVERED: 10 22 2004 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: PRELIMINARY AFFIRMATIVE DETERMINATION OF CIRCUMVENTION
OF THE ANTIDUMPING DUTY ORDER ON CERTAIN FROZEN FISH FI
LLETS FROM VIETNAM (A-552-801), CAMBODIA (A-555-801)

1. ON FEBRUARY 22, 2006, THE DEPARTMENT OF COMMERCE PUBLISHED IN
THE FEDERAL REGISTER ITS NOTICE OF AN AFFIRMATIVE PRELIMINARY
DETERMINATION OF CIRCUMVENTION OF THE ANTIDUMPING DUTY ORDER ON
FROZEN FISH FILLETS FROM VIETNAM (71 FR 9086).

2. SCOPE OF THE ANTIDUMPING DUTY ORDER

THE SCOPE OF THE ANTIDUMPING DUTY ORDER INCLUDES FROZEN FISH
FILLETS, INCLUDING REGULAR, SHANK AND STRIP FILLETS AND PORTIONS
THEREOF, WHETHER OR NOT BREADED OR MARINATED, OF THE SPECIES
PANGASIUS BOCOURTI, PANGASIUS HYPOPHTHALAMUS (ALSO KNOWN AS
PANGASIUS PANGASIUS), AND PANGASIUS MICRONEMUS. FROZEN FISH
FILLETS ARE LENGTHWISE CUTS OF WHOLE FISH. THE FILLET PRODUCTS
COVERED BY THE SCOPE INCLUDES 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 INCLUDES 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. THE PRODUCTS COVERED BY THE
ANTIDUMPING DUTY ORDER ARE CLASSIFIABLE UNDER TARIFF ARTICLE
CODES 0304.20.60.30 (FROZEN CATFISH FILLETS), 0304.20.60.33
(PANGASIUS FILLETS), 0304.20.60.43 (FROZEN FRESHWATER FISH
FILLETS), 0304.20.60.57 (FROZEN SOLE FILLETS) AND 0304.20.60.96
(FROZEN FISH FILLETS, NESOI) OF THE HARMONIZED TARIFF SCHEDULE OF
THE UNITED STATES ("HTSUS"). ALTHOUGH THE HTSUS SUBHEADINGS ARE
PROVIDED, THE WRITTEN DESCRIPTION OF THE SCOPE OF THE SCOPE OF
THE ORDER IS DISPOSITIVE.

3. SCOPE OF THE CIRCUMVENTION INQUIRY

THE PRODUCT SUBJECT TO THIS CIRCUMVENTION INQUIRY IS FROZEN FISH
FILLETS PRODUCED IN THE KINGDOM OF CAMBODIA FROM FISH OF
VIETNAMESE ORIGIN AND OF THE SPECIES PANGASIUS BOCOURTI,
PANGASIUS HYPOPHTHALAMUS (ALSO KNOWN AS PANGASIUS PANGASIUS), OR
PANGASIUS MICRONEMUS PRODUCED BY LIAN HENG TRADING OR LIAN HENG
INVESTMENT AND EXPORTED TO THE UNITED STATES.

4. THE DEPARTMENT HAS PRELIMINARILY DETERMINED TO CONSIDER ALL
ENTRIES OF FROZEN FISH FILLETS PRODUCED BY LIAN HENG TRADING CO.
LTD. ("LIAN HENG TRADING") AND LIAN HENG INVESTMENT CO. LTD.
("LIAN HENG INVESTMENT") AND MADE FROM FISH OF THE SPECIES
PANGASIUS BOCOURTI, PANGASIUS HYPOPHTHALAMUS (ALSO KNOWN AS
PANGASIUS PANGASIUS), AND PANGASIUS MICRONEMUS ENTERED, OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION, ON OR AFTER OCTOBER
22, 2004, THROUGH JULY 15, 2005, TO BE PRODUCED FROM VIETNAMESE-
ORIGIN FISH AND THUS SUBJECT TO THE ANTIDUMPING DUTY ORDER ON
FROZEN FISH FILLETS FROM VIETNAM.

FOR ALL ENTRIES OF FROZEN FISH FILLETS PRODUCED BY LIAN HENG
TRADING OR LIAN HENG INVESTMENT AND ENTERED OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION, ON OR AFTER JULY 16, 2005 THAT ARE
PRODUCED FROM THE ABOVE REFERENCED SPECIES, THE DEPARTMENT IS
ALLOWING LIAN HENG TRADING AND LIAN HENG INVESTMENT TO PROVIDE A
CERTIFICATE STATING THAT THE ENTERED PRODUCT WAS NOT PRODUCED
FROM VIETNAMESE-ORIGIN FISH. THE CERTIFICATION IS ATTACHED AND
CAN BE FOUND IN ATTACHMENT I OF THE FEDERAL REGISTER NOTICE (71
FR 9086). ANY ENTRIES OF FROZEN FISH FILLETS OF THE REFERENCED
SPECIES PRODUCED BY LIAN HENG TRADING OR LIAN HENG INVESTMENT ON
OR AFTER JULY 16, 2005, ACCOMPANIED BY THIS CERTIFICATION SHALL
NOT BE SUBJECT TO THE ANTIDUMPING DUTY ORDER ON FROZEN FISH
FILLETS FROM VIETNAM. ANY ENTRIES OF FROZEN FISH FILLETS OF THE
REFERENCED SPECIES ON OR AFTER JULY 16, 2005, PRODUCED BY LIAN
HENG TRADING OR LIAN HENG INVESTMENT THAT ARE NOT ACCOMPANIED BY
THIS CERTIFICATION SHALL BE CONSIDERED SUBJECT TO THE ANTIDUMPING
DUTY ORDER ON FROZEN FISH FILLETS FROM VIETNAM.

5. FOR IMPORTS OF FROZEN FISH FILLETS THAT MEET THE REQUIREMENTS
FOR THE MERCHANDISE SUBJECT TO THE ANTIDUMPING DUTY ORDER AS
DESCRIBED ABOVE PRODUCED BY LIAN HENG TRADING OR LIAN HENG
INVESTMENT AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER OCTOBER 22, 2004, UNTIL JULY, 15, 2005,
UNITED STATES CUSTOMS AND BORDER PROTECTION ("CBP") SHALL SUSPEND
LIQUIDATION OF SUCH SHIPMENTS.

IN ADDITION, EFFECTIVE OCTOBER 22, 2004, CBP SHALL REQUIRE, FOR
ALL ENTRIES PRODUCED BY LIAN HENG TRADING OR LIAN HENG INVESTMENT
FROM OCTOBER 22, 2004 THROUGH JULY 15, 2005, A CASH DEPOSIT EQUAL
TO THE MARGIN SHOWN BELOW:

MANUFACTURER/PRODUCER/EXPORTER CUSTOMS ID NUMBER MARGIN
PERCENTAGE

LIAN HENG TRADING A-555-801-001 63.88

LIAN HENG INVESTMENT A-555-801-002 63.88

6. FOR IMPORTS OF FROZEN FISH FILLETS ENTERING ON OR AFTER JULY
16, 2005, THAT MEET THE REQUIREMENTS FOR THE MERCHANDISE SUBJECT
TO THE ANTIDUMPING DUTY ORDER AND ARE PRODUCED BY LIAN HENG
TRADING OR LIAN HENG INVESTMENT, THAT ARE NOT ACCOMPANIED BY A
CERTIFICATE STATING THAT NO VIETNAMESE-ORIGIN FISH WAS USED IN
THE PRODUCTION OF THE ENTERED PRODUCT, WILL BE SUBJECT TO A CASH
DEPOSIT EQUAL TO THE MARGIN SHOWN BELOW:

MANUFACTURER/PRODUCER/EXPORTER CUSTOMS ID NUMBER MARGIN
PERCENTAGE

LIAN HENG TRADING A-555-801-001 63.88

LIAN HENG INVESTMENT A-555-801-002 63.88

7. FOR ENTRIES OF FROZEN FISH FILLETS THAT MEET THE REQUIREMENTS
FOR THE MERCHANDISE SUBJECT TO THE ANTIDUMPING DUTY ORDER AS
DESCRIBED ABOVE PRODUCED BY LIAN HENG TRADING OR LIAN HENG
INVESTMENT AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER OCTOBER 22, 2004 AND ARE SET FOR
LIQUIDATION NEED TO BE UNSET IMMEDIATELY.

8. SPECIAL NOTE - THE ACTUAL INITIATION DATE IS OCTOBER 22, 2004
AND THE PRELIMINARY DETERMINATION DATE IS FEBRUARY 22, 2006.
HOWEVER, IN ORDER FOR THE ACS MODULE TO ACCEPT THE CORRECT
EFFECTIVE DATE FOR THE SUSPENSION OF LIQUIDATION (OCTOBER 22,
2004), IT WAS NECESSARY TO LIST OCTOBER 22, 2004 AS BOTH THE
EFFECTIVE DATE OF SUSPENSION OF LIQUIDATION AND THE DATE OF THE
PRELIMINARY DETERMINATION. THIS IS DIFFERENT FROM THE DATES
LISTED IN THE FEDERAL REGISTER NOTICE (71 FR 9086).
IN ADDITION, THE ACS MODULE REQUIRES THAT THE INITIATION DATE BE
AT LEAST ONE DAY PRIOR TO THE DATE OF THE PRELIMINARY
DETERMINATION. THEREFORE, THE MODULE LISTS OCTOBER 21, 2004 AS
THE INITIATION DATE.

9. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-3577
(GENERATED BY O9:KR).

10. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

CATHY SAUCEDA

CERTIFICATION TO U.S. CUSTOMS AND BORDER PROTECTION

1. Lian Heng hereby certifies that the frozen fish fillets being
exported and subject to this certification were not produced from
fish of Vietnamese origin of the following species: Pangasius
Bocourti (commonly known as basa or trey basa), Pangasius
Hypophthalmus (also known as Pangasius Pangasius and commonly
known as tra or trey pra), or Pangasius Micronemus.

2. By signing this certificate, Lian Heng also hereby agrees to
maintain sufficient documentation supporting the above statement
such as country of origin certificates for all fish used to
process the exported frozen fish fillets. n2 Further, Lian Heng
agrees to submit to verification of the underlying documentation
supporting the above statement. Lian Heng agrees that failure to
submit to verification of the documentation supporting these
statements will result in immediate revocation of Lian Heng's
certification rights and that Lian Heng will be required to post
a cash deposit equal to the Vietnam-wide entity rate on all
entries of frozen fish fillets of the species Pangasius Bocourti
(commonly known as basa or trey basa), Pangasius Hypophthalmus
(also known as Pangasius Pangasius and commonly known as tra or
trey pra), or Pangasius Micronemus. In addition, if the
Department of Commerce identifies any misrepresentation or
inconsistencies regarding the certifications, it may report the
matter to Customs and Border Protection for possible enforcement
action.

n2 Documentation may include, but is not limited to the records
that (EXPORTER OF RECORD) is required to maintain by the United
States Food and Drug Administration's HACCP program and
Bioterrorism Act of 2002 and other documents kept in the normal
course of business.

Signature:

Printed Name:

Title: