Covers entries made from August 1, 2008, through July 31, 2009
Scope:
The product covered by this Order 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 1604.19.4000, 1604.19.5000, 0305.59.4000, 0304.29.6033 (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 subheading is provided for convenience and customs purposes, our written description of the scope of the Order is dispositive. n7 Until July 1, 2004, these products were 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 HTSUS. Until February 1, 2007, these products were classifiable under tariff article code 0304.20.60.33 (Frozen Fish Fillets of the species Pangasius including basa and tra) of the HTSUS.
Initiation
Summary: The U.S. Department of Commerce initiated a new shipper review of CUU Long Fish Joint Stock Company under Antidumping Duty Order on Certain Frozen Fish Fillets from the Socialist Republic of Vietnam.
A new shipper review is an expedited proceeding mandated by the World Trade Organization. Under U.S. law, a new shipper must demonstrate that it was not a producer or exporter of the particular merchandise, or affiliated with any producer or exporter of the merchandise, at the time of the investigation. It also must demonstrate that it had a bona fide sale of the merchandise after entry of the order, during the particular period of review for the new shipper proceeding. For Vietnamese producers and exporters, they also must prove that they are not controlled by the government of Vietnam. A new shipper then will receive its own antidumping or countervailing duty rate.