MESSAGE NO: 6198206 DATE: 07 17 2006
CATEGORY: ADA TYPE: INF
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: FINAL AFFIRMATIVE DETERMINATION OF CIRCUMVENTION OF THE
AD ORDER ON FROZEN FISH FILLETS FROM VIETNAM(A-552-801)
CAMBODIA (A-555-801); CASH/CERTIFICATE

1. ON JULY 7, 2006, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE
FEDERAL REGISTER ITS NOTICE OF AN AFFIRMATIVE FINAL
DETERMINATION OF CIRCUMVENTION OF THE ANTIDUMPING DUTY ORDER ON
FROZEN FISH FILLETS FROM VIETNAM (71 FR 38608).

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
CODE 0304.20.60.33 (FROZEN FISH FILLETS OF THE SPECIES
PANGASIUS INCLUDING BASA AND TRA) OF THE HARMONIZED TARIFF
SCHEDULE OF THE UNITED STATES ("HTSUS"). THIS ORDER COVERS ALL
FROZEN FISH FILLETS MEETING THE ABOVE SPECIFICATION, REGARDLESS
OF TARIFF CLASSIFICATION. 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 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, CBP SHALL SUSPEND
LIQUIDATION OF SUCH SHIPMENTS. IN ADDITION, THESE ENTRIES 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. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF
SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES
THAT CUSTOMS PAY INTEREST ON OVERPAYMENTS, OR ASSESS INTEREST ON
UNDER PAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED
ANTIDUMPING DUTIES. THE INTEREST PROVISIONS ARE NOT APPLICABLE
TO CASH OR BONDS POSTED AS ESTIMATED DUTIES BEFORE THE DATE OF
PUBLICATION OF THE ANTIDUMPING DUTY ORDER. INTEREST SHALL BE
CALCULATED FROM THE DATE PAYMENT OF THE ESTIMATED ANTIDUMPING
DUTIES IS REQUIRED THROUGH THE DATE OF LIQUIDATION. THE RATE AT
WHICH SUCH INTEREST IS PAYABLE IS THE RATE IN EFFECT UNDER
SECTION 6621 OF THE INTERNAL REVENUE CODE OF 1954 FOR SUCH
PERIOD.

10. 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).

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

CATHY SAUCEDA




CERTIFICATION TO U.S. CUSTOMS AND BORDER PROTECTION

Certification of Lian Heng1__________________________


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.2 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.


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