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57296 Federal Register / Vol. 72, No.

194 / Tuesday, October 9, 2007 / Notices

instructions for the companies subject to regarding the reimbursement of 47909(August 12, 2003).1 On June 15,
these reviews directly to CBP 15 days antidumping duties prior to liquidation and August 29, 2007, pursuant to 19
after publication of the final results of of the relevant entries during this CFR 351.214(c), the Department
these reviews. For assessment purposes review period. Failure to comply with received two new shipper review
for companies with a calculated rate, this requirement could result in the requests from Southern Fishery
where possible, the Department Secretary’s presumption that Industries Company, Ltd. (‘‘South
calculated importer–specific assessment reimbursement of antidumping duties Vina’’) and Binh An Seafood Joint Stock
rates for freshwater crawfish tail meat occurred and the subsequent assessment Co. (‘‘Binh An’’), respectively. South
from the PRC on a per–unit basis. of double antidumping duties. Vina and Binh An certified that they are
Specifically, the Department divided the These administrative and new shipper both the producer and exporter of the
total dumping margins (calculated as reviews and notice are in accordance subject merchandise upon which the
the difference between normal value with sections 751(a)(1), 751(a)(2)(B), and request for a new shipper review is
and export price) for each importer by 777(i) of the Act and 19 CFR 351.213 based. The Catfish Farmers of America
the total quantity of subject and 351.214. and individual U.S. catfish processors
merchandise sold to that importer Dated: October 1, 2007. (‘‘Petitioners’’) did not submit
during the POR to calculate a per–unit comments with regard to these two new
David M. Spooner,
assessment amount. The Department shipper requests.
will direct CBP to assess importer– Assistant Secretary for Import
Administration.
Pursuant to section 751(a)(2)(B)(i)(I) of
specific assessment rates based on the the Tariff Act of 1930 as amended (‘‘the
resulting per–unit (i.e., per–kilogram) [FR Doc. E7–19817 Filed 10–5–02; 8:45 am]
Act’’), and 19 CFR 351.214(b)(2)(i),
rates by the weight in kilograms of each Billing Code: 3510–DS–S
South Vina and Binh An certified that
entry of the subject merchandise during they did not export certain frozen fish
the POR. However, the final results of fillets to the United States during the
this review shall be the basis for the DEPARTMENT OF COMMERCE
period of investigation (‘‘POI’’). In
assessment of antidumping duties on International Trade Administration addition, pursuant to section
entries of merchandise covered by the 751(a)(2)(B)(i)(II) of the Act and 19 CFR
final results of these reviews and for [A–552–801] 351.214(b)(2)(iii)(A), South Vina and
future deposits of estimated duties, Binh An certified that, since the
where applicable. Certain Frozen Fish Fillets from the
initiation of the investigation, they have
Socialist Republic of Vietnam:
Cash Deposit Requirements never been affiliated with any
Initiation of Antidumping Duty New
Vietnamese exporter or producer who
The following cash deposit Shipper Reviews
exported certain frozen fish fillets to the
requirements will be effective upon AGENCY: Import Administration, United States during the POI, including
publication of the final results of these International Trade Administration, those not individually examined during
reviews for all shipments of the subject the investigation. As required by 19 CFR
Department of Commerce.
merchandise entered, or withdrawn 351.214(b)(2)(iii)(B), South Vina and
from warehouse, for consumption on or EFFECTIVE DATE: October 9, 2007.
SUMMARY: The Department of Commerce Binh An also certified that their export
after the publication date, as provided activities were not controlled by the
for by section 751(a)(2)(C) of the Act: (1) (‘‘Department’’) has determined that two
requests for a new shipper review of the central government of Vietnam.
for the exporters listed above, the cash In addition to the certifications
deposit rate will be that established in antidumping duty order on certain
frozen fish fillets from the Socialist described above, pursuant to 19 CFR
the final results of this review (except, 351.214(b)(2)(iv), South Vina and Binh
if the rate is zero or de minimis, no cash Republic of Vietnam (‘‘Vietnam’’),
received on June 15, 2007, and August An submitted documentation
deposit will be required); (2) for establishing the following: (1) the date
previously investigated or reviewed PRC 29, 2007, meet the statutory and
regulatory requirements for initiation. on which South Vina and Binh An first
and non–PRC exporters not listed above shipped certain frozen fish fillets for
that have separate rates, the cash The period of review (‘‘POR’’) for the
two new shipper reviews which the export to the United States and the date
deposit rate will continue to be the on which the frozen fish fillets were
exporter–specific rate published for the Department is initiating is August 1,
2006, through July 31, 2007. first entered, or withdrawn from
most recently completed review; (3) for warehouse, for consumption; (2) the
all PRC exporters of subject FOR FURTHER INFORMATION CONTACT:
Javier Barrientos, AD/CVD Operations, volume of their first shipment;2 and (3)
merchandise which have not been the date of their first sale to an
found to be entitled to a separate rate, Office 9, Import Administration,
International Trade Administration, unaffiliated customer in the United
the cash deposit rate will be the PRC– States.
wide rate of 223.01 percent; and (4) for U.S. Department of Commerce, 14th
Street and Constitution Avenue, N.W., The Department conducted CBP
all non–PRC exporters of subject database queries to confirm that South
merchandise which have not received Washington, D.C. 20230; telephone:
(202) 482–2243. Vina and Binh An’s shipments of
their own rate, the cash deposit rate will subject merchandise had entered the
be the rate applicable to the PRC SUPPLEMENTARY INFORMATION:
United States for consumption and that
exporters that supplied that non–PRC liquidation of such entries had been
Background
exporter. These deposit requirements,
when imposed, shall remain in effect The notice announcing the 1 Therefore, a request for a new shipper review
until further notice. antidumping duty order on certain based on the anniversary month, was due to the
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frozen fish fillets from Vietnam was Department by the final day of August 2007. See 19
Notification to Importers published in the Federal Register on CFR 351.214(d)(1).
2 South Vina made one subsequent shipment to
This notice serves as a preliminary August 12, 2003. See Notice of
the United States, while Binh An made two
reminder to importers of their Antidumping Duty Order: Certain subsequent shipment during the POR, which the
responsibility under 19 CFR Frozen Fish Fillets from the Socialist Department corroborated using data from U.S.
351.402(f)(2) to file a certificate Republic of Vietnam, 68 FR Customs and Border Protection (‘‘CBP’’).

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Federal Register / Vol. 72, No. 194 / Tuesday, October 9, 2007 / Notices 57297

properly suspended for antidumping DEPARTMENT OF COMMERCE (MFA), SKC, Inc. (SKC), and Toray
duties. Plastics (America), Inc. (TPA)
International Trade Administration (collectively, the PET Film Group).
Initiation of New Shipper Reviews DuPont, MFA, and TPA were the
[A–533–824, A–583–837]
Pursuant to section 751(a)(2)(B) of the petitioners in the original investigation.
Act and 19 CFR 351.214(d)(1), the Polyethylene Terephthalate Film, SKC was a supporter of the petition in
Department finds that South Vina and Sheet, and Strip From India and the original investigation. The PET Film
Taiwan: Final Results of the Expedited Group stated that they are not related to
Binh An’s requests meet the threshold
Sunset Reviews of the Antidumping any Indian or Taiwanese producers or
requirements for initiation of a new
Duty Orders exporters of the subject merchandise. In
shipper review for the shipment of
addition, members of the PET Film
certain frozen fish fillets from Vietnam AGENCY: Import Administration, Group noted that they are not importers
they produced and exported. International Trade Administration, of the subject merchandise and they are
The POR for the two new shipper Department of Commerce. not related to any importer of the
reviews is August 1, 2006, through July SUMMARY: On June 1, 2007, the subject merchandise. The PET Film
31, 2007. See 19 CFR Department of Commerce (the Group claimed interested party status
351.214(g)(1)(ii)(A). The Department Department) published in the Federal under section 771(9)(C) of the Act as
intends to issue the preliminary results Register the notice of initiation of the U.S. producers of a domestic like
of these reviews no later than 180 days five-year sunset reviews of the product.
from the date of initiation, and final antidumping duty orders on On July 2, 2007, the Department
results of these reviews no later than polyethylene terephthalate film, sheet, received substantive responses from the
270 days from the date of initiation. See and strip (PET Film) from India and PET Film Group within the deadline
section 751(a)(2)(B)(iv) of the Act. Taiwan pursuant to section 751(c) of the specified in 19 CFR 351.218(d)(3)(i). We
Tariff Act of 1930, as amended (the did not receive responses from
On August 17, 2006, the Pension Act).1 As a result of adequate respondent interested parties in this
Protection Act of 2006 (H.R. 4) was substantive response on filed on behalf proceeding. As such, pursuant to 19
signed into law. Section 1632 of H.R. 4 of domestic interested parties and CFR 351.218(e)(1)(ii)(c)(1), the
temporarily suspends the authority of inadequate response from respondent Department notified the ITC that
the Department to instruct CBP to interested parties, the Department has respondent interested parties’ responses
collect a bond or other security in lieu conducted expedited sunset reviews for were inadequate. See Letter from Susan
of a cash deposit in new shipper these orders pursuant to section Kuhbach, Senior Director, AD/CVD
reviews. Therefore, the posting of a 751(c)(3)(B) of the Act and 19 CFR Operations, Office 1, Import
bond under section 751(a)(2)(B)(iii) of 351.218(e)(1)(ii)(c). As a result of this Administration, to Robert Carpenter,
the Act and 19 CFR 351.214(e) in lieu sunset review, the Department finds that Director, Office of Investigations, ITC,
of a cash deposit is not available in this revocation of the antidumping duty dated July 23, 2007. In accordance with
case. Importers of subject merchandise orders would be likely to lead to section 751(c)(3)(B) of the Act, the
manufactured and exported by South continuation or recurrence of dumping Department has conducted an expedited
Vina and/or Binh An must continue to at the levels indicated in the ‘‘Final review of these orders.
pay a cash deposit of estimated Results of Review’’ section of this Scope of the Orders
antidumping duties on each entry of notice.
subject merchandise at the current DATES: Effective Date: October 9, 2007. India and Taiwan
Vietnam–wide rate of 63.88 percent. FOR FURTHER INFORMATION CONTACT: The products covered by these orders
Interested parties requiring access to Martha Douthit or Dana Mermelstein, are all gauges of raw, pretested, or
AD/CVD Operations, Office 6, Import primed PET film, whether extruded or
proprietary information in this new
Administration, International Trade coextruded. Excluded are metallized
shipper review should submit
Administration, U.S. Department of films and other finished films that have
applications for disclosure under
Commerce, 14th Street & Constitution had at least one of their surfaces
administrative protective order in modified by the application of a
Avenue, NW., Washington, DC 20230;
accordance with 19 CFR 351.305 and performance-enhancing resinous or
telephone: (202) 482–5050 and (202)
351.306. This initiation and notice are inorganic layer more than 0.00001
482–1391, respectively.
published in accordance with section inches thick. Imports of PET film were
SUPPLEMENTARY INFORMATION:
751(a)(2)(B) of the Act and 19 CFR currently classifiable in the Harmonized
351.214 and 351.221(c)(1)(i). Background Tariff Schedule of the United States
Dated: September 26, 2007. On June 1, 2007, the Department (‘‘HTSUS’’) under item number
Stephen J. Claeys, initiated sunset reviews of the 3920.62.00. Effective July 1, 2003, the
antidumping duty orders on PET Film HTSUS subheading 3920.62.00.00 was
Deputy Assistant Secretary for Import
from India and Taiwan, pursuant to divided into 3920.62.00.10 (metallized
Administration.
section 751(c) of the Act. See Notice of PET film) and 3920.62.00.90 (non-
[FR Doc. E7–19826 Filed 10–5–07; 8:45 am]
Initiation. Within the deadline specified metallized PET film). Although the
BILLING CODE 3510–DS–S HTSUS subheadings are provided for
in section 351.218(d)(1)(i) of the
Department’s regulations, the convenience and customs purposes, the
Department received notices of intent to written description of the scope of these
mstockstill on PROD1PC66 with NOTICES

participate from domestic interested orders is dispositive. Since these orders


parties DuPont Teijin Films (DuPont), were published, there was one scope
Mitsubishi Polyester Film of America determination for PET Film from India,
dated August 25, 2003. In this
1 See Initiation of Five-Year (‘‘Sunset’’) Reviews, determination, requested by
72 FR 30544 (June 1, 2007) (Notice of Initiation). International Packaging Films, Inc., the

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