Final Determination in the Antidumping Duty Investigation of

Certain Frozen Fish Fillets from Vietnam


On June 17, the Department of Commerce ("the Department") announced its final determination in the antidumping investigation on imports of certain frozen fish fillets from the Socialist Republic of Vietnam ("Vietnam"), finding that Vietnamese producers/exporters have made sales to U.S. customers at less than fair value, with margins ranging from 36.84 to 63.88 percent. The International Trade Commission ("ITC") is scheduled to make its final injury determination on July 31st. If the ITC makes a final affirmative determination, the Department will issue an antidumping order.

Final Margins: For the four mandatory respondents in this investigation, An Giang Fisheries Import and Export Joint Stock Company ("Agifish"), Can Tho Agricultural and Animal Products Import Export Company ("Cataco"), Nam Viet Company Limited ("Nam Viet"), and Vinh Hoan Company Limited ("Vinh Hoan"), we calculated final margins ranging from 36.84 to 52.90 percent.

For those Vietnamese producers/exporters who voluntarily responded to Section A of the Department's questionnaire, and that the Department determined were eligible for a "separate rate" (An Giang Agriculture and Food Import Export Company ("Afiex"), Can Tho Animal Fishery Products Processing Export Enterprise ("CAFATEX"), Da Nang Seaproducts Import-Export Corporation ("Da Nang"), Mekong Fish Company ("Mekonimex"), QVD Food Company Limited ("QVD"), Viet Hai Seafood Company Limited ("Viet Hai") and Vinh Long Import Export Company ("Vinh Long")), we assigned a margin of 44.66 percent, based on the weighted-average margin of the mandatory respondents.

Imports from all other Vietnamese producers/exporters will be subject to the Vietnam-Wide rate of 63.88 percent.

Petitioners: The petition requesting these investigations was filed on June 28, 2002, by the Catfish Farmers of America (representing a number of catfish farmers/processors, primarily located in Mississippi, Louisiana, Alabama, and Arkansas); America's Catch Inc.; Consolidated Catfish Co., L.L.C.; Delta Pride Catfish, Inc.; Harvest Select Catfish, Inc.; Heartland Catfish Company; Pride of the Pond; Simmons Farm Raised Catfish, Inc.; and Southern Pride Catfish Co., Inc.

Product Description: For purposes of this investigation, the product covered 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. 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"). Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of this proceeding is dispositive.

Additional information regarding the scope of the investigation is included in the Department's Notice of Final Determination as published in the Federal Register.


Critical Circumstances: We have determined that critical circumstance continue to exist for imports of certain frozen fish fillets from Nam Viet and the Vietnam-Wide Entity. Additionally, we have determined that critical circumstances exist for imports of certain frozen fish fillets from the following respondents who voluntarily submitted Section A responses: QVD, Da Nang, Afiex, CAFATEX and Vinh Long.

If the International Trade Commission (ITC) makes a final affirmative determination that critical circumstances do exist with regard to imports of frozen fish fillets, antidumping duties will be assessed retroactively on goods imported from the above-named entities up to 90 days prior to the publication of the Department's preliminary determination.


Final Antidumping Margins:







Nam Viet


Vinh Hoan


Respondents with "separate rates"





Case Calendar:



Petition Filed

June 28, 2002

Initiation Deadline

July 18, 2002

ITC Preliminary Determination

August 9, 2002

ITA Preliminary Determination

January 24, 2003

DOC Final Determination

June 16, 2003

ITC Final Determination*

July 31, 2003

Order **

August 7, 2003

* Estimated deadline.

** This will take place only in the event of a final affirmative determination from the Department and the ITC.

Import Statistics:






Volume (KG)





Value (USD)





Source: ITC Dataweb