MESSAGE NO: 3149202 DATE: 05 29 2003
CATEGORY: ADA TYPE: PRE
REFERENCE: REFERENCE DATE:
CASES: A - 552 - 801 - -
- - - -
- - - -

PERIOD COVERED: 05 29 2003 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: UPDATE TO MSG 3034201, 2/3/03,PRELIMINARY DETERMINATION
IN THE DUMPING INVESTIGATION OF FISH FROM VIETNAM
(A-522-801)


1. ON MAY 28, 2003, THE DEPARTMENT OF COMMERCE PUBLISHED IN
THE FEDERAL REGISTER ITS AFFIRMATIVE PRELIMINARY DETERMINATION OF
CRITICAL CIRCUMSTANCES FOR VOLUNTARY SECTION A RESPONDENTS IN THE
ANTIDUMPING DUTY INVESTIGATION OF CERTAIN FROZEN FISH FILLETS
FROM THE SOCIALIST REPUBLIC OF VIETNAM. THIS DETERMINATION
ADDRESSES CERTAIN MANUFACTURER/EXPORTERS FOR WHOM THE DEPARTMENT
DID NOT HAVE CRITICAL CIRCUMSTANCES INFORMATION AT THE
PRELIMINARY DETERMINATION.

2. COMMERCE ISSUED AN AFFIRMATIVE PRELIMINARY ANTIDUMPING
DUTY DETERMINATION AND AN AFFIRMATIVE PRELIMINARY DETERMINATION
OF CRITICAL CIRCUMSTANCES FOR NON-VOLUNTARY RESPONDENTS OF
CERTAIN FROZEN FISH FILLETS FROM THE SOCIALIST REPUBLIC OF
VIETNAM ON JANUARY 24, 2003. AT THAT TIME, COMMERCE DIRECTED THE
BUREAU OF CUSTOMS AND BORDER PROTECTION (CUSTOMS) TO SUSPEND
LIQUIDATION OF ALL APPROPRIATE ENTRIES OF CERTAIN FROZEN FISH
FILLETS FROM THE SOCIALIST REPUBLIC OF VIETNAM FROM NON-VOLUNTARY
RESPONDENT COMPANIES ONLY (MESSAGE NUMBER 3034201, FEBRUARY 3,
2003). COMMERCE AMENDED ITS AFFIRMATIVE PRELIMINARY ANTIDUMPING
DUTY DETERMINATION OF CERTAIN FROZEN FISH FILLETS FROM THE
SOCIALIST REPUBLIC OF VIETNAM ON FEBRUARY 26, 2003 (MESSAGE
NUMBER 3069208, MARCH 10, 2003). COMMERCE ALSO ISSUED MESSAGE
NUMBER 3059207, FEBRUARY 25, 2003, REGARDING TRADE NAMES FOR TWO
MANUFACTURER/EXPORTERS.

3. AT THIS TIME CUSTOMS SHALL SUSPEND LIQUIDATION OF ALL ENTRIES
OF CERTAIN FROZEN FISH FILLETS FROM THE SOCIALIST REPUBLIC OF
VIETNAM FROM VOLUNTARY RESPONDENTS THAT ARE ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 90 DAYS PRIOR TO THE
DATE OF PUBLICATION IN THE FEDERAL REGISTER OF THE PRELIMINARY
DETERMINATION OF SALES AT LESS THAN FAIR VALUE (LTFV), WHICH WAS
NOVEMBER 2, 2002. CUSTOMS SHALL REQUIRE A CASH DEPOSIT OR POSTING
OF A BOND EQUAL TO THE ESTIMATED AMENDED PRELIMINARY ANTIDUMPING
MARGIN REFLECTED IN THE AMENDED PRELIMINARY DETERMINATION OF
SALES, AS SHOWN BELOW:

MFR/PRODCR/EXPORTER CUSTOMS ID NUMBER

MARGIN PERCENTAGE

CAN THO ANIMAL FISHERY PRODUCTS PROCESSING EXPORT ENTERPRISE
A-552-801-006 36.76 PERCENT
QVD FOOD COMPANY LIMITED

A-552-801-009 36.76 PERCENT

DA NANG SEAPRODUCTS IMPORT-EXPORT CORPORATION
A-552-801-007 36.76 PERCENT

AN GIANG AGRICULTURE AND FOOD IMPORT EXPORT COMPANY
A-552-801-005 36.76 PERCENT

4. FOR PURPOSES OF THIS INVESTIGATION, THE PRODUCT COVERED IS
FROZEN FISH FILLETS, INCLUDING REGULAR, SHANK, AND STRIP FILLETS,
WHETHER OR NOT BREADED OR MARINATED, OF THE SPECIES PANGASIUS
BOCOURTI, PANGASIUS HYPOPHTHALUMS (ALSO KNOWN AS PANGASIUS
PANGASIUS), AND PANGASIUS MICRONEMUS. 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 IS DISPOSITIVE.

5. FOR FURTHER REPORTING PURPOSES, THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER (A-552-801).

6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY
CUSTOMS OFFICERS, THE IMPORTING PUBLIC, OR INTERESTED PARTIES
_____________________________
PLEASE CONTACT JOE WELTON AT JOSEPHWELTONATITA.DOC.GOV , OR AT
OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE,
AT (202) 482-0165.

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

CATHY SAUCEDA