The product covered by the order is frozen fish fillets, including regular, shank, and strip fillets and portions thereof, whether or not breaded or marinated, of the speciesPangasius Bocourti,Pangasius Hypophthalmus(also known asPangasius Pangasius), andPangasius 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”).
1The order covers all frozen fish fillets meeting the above specification, regardless of tariff classification. Although the HTSUS subheadings are provided for convenience and customspurposes, our written description of the scope of the order is dispositive.
1Until 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 speciesPangasiusincluding basa and tra) of the HTSUS.
Rescission of Changed Circumstances Review
Because Vinh Hoan has been selected as a respondent for individual examination in the ongoing administrative review, we will be examining the impact of the affiliation in that proceeding. This examination will include addressing issues with respect to the production and/or sales Vinh Hoan and its affiliate, or their subsidiaries, made to the United States during the period of review and the effect that any affiliation may have had on the operations and management of the relevant firms for purposes of determining, among other things, whether Vinh Hoan and its affiliate should be treated as a single entity. Thus, we intend to address all issues arising out of the changed circumstances review on certain frozen fish fillets from Vietnam in the context of the 2007/2008 administrative review. Accordingly, we are rescinding the changed circumstances review with respect to the antidumping duty order on certain frozen fish fillets from Vietnam.
We will incorporate the record of the rescinded changed circumstances review into the record of the 2007/2008 administrative review.
Dated: February 10, 2009.
Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.