AD: Vietnam Frozen Fish Fillets

(The ITA previously explained that this inquiry was initiated because petitioners alleged that the processing in and exporting from Cambodia of frozen fillets made from Vietnamese-origin basa and tra fish (i.e., Pangasius Bocourti, Pangasius Hypophthalmus (also known as Pangasius Pangasius) and Pangasius Micronemus) constituted circumvention of the AD duty order on certain frozen fish fillets from Vietnam.)

ITA Finds Circumvention for Lian Heng

Specifically, the ITA finds that Lian Heng has circumvented the AD duty order by importing Vietnamese-origin whole live fish into Cambodia, where it was subsequently processed and completed into frozen fish fillets for export to the U.S.

Entries from Lian Heng from 10/22/04 - 07/15/05 to be considered Vietnamese-origin. As a result, the ITA will continue to direct U.S. Customs and Border Protection (CBP) to suspend liquidation and to require a cash deposit of estimated duties, at the Vietnam-wide rate of 63.88%, on all unliquidated entries of frozen fish fillets produced by Lian Heng that have a time of entry from October 22, 2004, through July 15, 2005.

Entries on or after 07/16/05 can be certified as non-Vietnamese origin. For all entries of frozen fish fillets produced by Lian Heng entered on or after July 16, 2005, the ITA will direct CBP to allow Lian Heng to certify that no Vietnamese-origin fish was used in the production of the frozen fish fillets. The ITA will not request that CBP suspend liquidation, or require a cash deposit of estimated duties, at the Vietnam-wide rate, for any entries of frozen fish fillets from Lian Heng accompanied by appropriate certification.

Entries not certified on or after 07/16/05 subject to AD duties. However, the ITA will direct CBP to suspend liquidation and to require a cash deposit of estimated duties, at the Vietnam-wide rate of 63.88% of any entries of frozen fish fillets from Lian Heng not accompanied by appropriate certification.

ITA Terminates Circumvention Inquiry for L.S.H. and Sun Wah

The ITA has also determined to terminate the circumvention inquiry with respect to L.S.H. (Cambodia) Pte. Ltd. (L.S.H.) and Sun Wah Fisheries Co. Ltd. (Sun Wah). As a result, the ITA will not direct CBP to take any action with respect to Sun Wah and L.S.H. or any other Cambodian exporter other than Lian Heng.

Final Rescission of Scope Inquiry

The ITA states that it continues to find that rescission of the scope inquiry is appropriate. The ITA previously stated that it was preliminarily rescinding the scope inquiry because Lian Heng, the Cambodian fish producer/exporter upon which the petition relied for information to file its scope request, was also subject to the concurrent circumvention inquiry.

The ITA states that Lian Heng Trading and Lian Heng Investment are two separate entities. However, the two companies share the same Chairman and Chief Executive Officer, and both companies have exported subject merchandise to the U.S.

The ITA previously explained that "basa" and "tra" are the Vietnamese common names of the above-listed fish species.

(See ITA notice for more information, including the scope of the AD duty order, etc. See ITT's Online Archives or 02/24/06 news, 06022420, for BP summary of the ITA's preliminary affirmative AD circumvention determination.)

ITA notice (dated 07/07/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-10662.pdf

ITA fact sheet (dated 07/03/06) available at http://www.trade.gov/press/press_releases/2006/fish_070306.asp