Certain frozen fish fillets from Vietnam

INSTRUCTION BOOKLET
GENERAL INFORMATION, INSTRUCTIONS, AND
DEFINITIONS FOR COMMISSION QUESTIONNAIRES

CERTAIN FROZEN FISH FILLETS FROM VIETNAM
INV. NO. 731-TA-1012 (REVIEW)

Further information.--If you have any questions concerning the enclosed
questionnaire(s) or other matters related to this review, you may contact
the following members of the Commission=s staff:
Elizabeth Haines, Investigator (202-205-3200; E-mail [email protected])
regarding general questions and trade and related information.
David Boyland, Auditor (202-708-4725; E-mail [email protected])
regarding financial information.
Gerald Benedick (202-205-3244; [email protected])
regarding pricing, market, and related information.

GENERAL INFORMATION
(Instruction Booklet, in Inv. No. 731-TA-1012, Certain Frozen Fish Fillets from Vietnam (Review))

Background.--On August 12, 2003, the Department of Commerce issued an antidumping duty order on imports
of certain frozen fish fillets from Vietnam (68 F.R. 47909). On July 1, 2008, the Commission instituted a
review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. § 1675(c)) (the Act) to determine
whether revocation of the order would be likely to lead to continuation or recurrence of material injury to
the domestic industry within a reasonably foreseeable time (73 F.R. 37487). If the Commission makes an
affirmative determination, the order will remain in place. If the Commission makes a negative
determination, the Department of Commerce will revoke the order.
Questionnaires and other information pertinent to this review are available at on the Commission’s website
(www.usitc.gov), under the “antidumping and countervailing duty investigations” (left-hand side of home
page) and then “active investigations” (right-hand side of second page), or directly at:
http://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigations/active/index.htm
On this page there should be a link for the certain frozen fish fillets from Vietnam page under the
“Five-Year Review (Sunset) Investigations” header. Address all correspondence to the United States
International Trade Commission, Washington, DC 20436. Hearing-impaired individuals can obtain
information regarding this review via the Commission=s TDD terminal (202-205-1810).
Due date of questionnaire(s).--Return the completed questionnaire(s) to the United States International Trade
Commission by no later than:

MARCH 10, 2009
Please make sure the completed questionnaire(s) is sent to the attention of Elizabeth Haines. Return only
one copy of the completed questionnaire(s), but please keep a copy for your records so that you can refer to
it if the Commission staff contacts you with any questions during the course of the investigations.
Service of questionnaire response(s).--In the event that your firm is a party to this review, you are required to
serve a copy of the questionnaire(s), once completed, on other parties to the proceeding that are subject to
administrative protective order (see 19 CFR ' 207.7). A list of such parties is maintained by the
Commission’s Secretary and may be obtained by calling 202-205-1803 or on the web at
http://www.usitc.gov/secretary/fed_reg_notices/serv_lists.htm. A certificate of service must accompany
the copy of the completed questionnaire(s) you submit (see 19 CFR ' 207.7).
Confidentiality.--The commercial and financial data furnished in response to the enclosed questionnaire(s) that
reveal the individual operations of your firm will be treated as confidential by the Commission to the extent
that such data are not otherwise available to the public and will not be disclosed except as may be required
by law (see 19 U.S.C. ' 1677f). Such confidential information will not be published in a manner that will
reveal the individual operations of your firm; however, nonnumerical characterizations of numerical
business proprietary information (such as discussion of trends) will be treated as confidential business
information only at the request of the submitter for good cause shown.
Verification.--The information submitted in the enclosed questionnaire(s) is subject to audit and verification by
the Commission. To facilitate possible verification of data, please keep all your workpapers and supporting
documents used in the preparation of the questionnaire response(s).

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GENERAL INFORMATION--Continued
(Instruction Booklet, in Inv. No. 731-TA-1012, Certain Frozen Fish Fillets from Vietnam (Review))

Release of information.--The information provided by your firm in response to the questionnaire(s), as well as
any other business proprietary information submitted by your firm to the Commission in connection with
the review, may become subject to, and released under, the administrative protective order provisions of the
Tariff Act of 1930 (19 U.S.C. ' 1677f) and section 207.7 of the Commission’s Rules of Practice and
Procedure (19 CFR ' 207.7). This means that certain lawyers and other authorized individuals may
temporarily be given access to the information for use in connection with this review or other import-injury
investigations conducted by the Commission on the same or similar merchandise; those individuals would
be subject to severe penalties if the information were divulged to unauthorized individuals.

INSTRUCTIONS
(Instruction Booklet, in Inv. No. 731-TA-1012, Certain Frozen Fish Fillets from Vietnam (Review))

Answer all questions.--Do not leave any question or section blank unless a questionnaire expressly directs you
to skip over certain questions or sections. If the answer to any question is “none,” write “none” if a question
appears not to be applicable to the circumstances of your firm, please indicate “not applicable.” If
information is not readily available from your records in exactly the form requested, furnish
carefully prepared estimates--and indicate in the footnotes of the table(s) or other appropriate
locations in which line items you have provided estimates. Answers to questions and any necessary
comments or explanations should be supplied in the space provided or on separate sheets attached to the
appropriate page of the questionnaire(s).
Consolidate all U.S. establishments.--Report the requested data for your establishment(s) located in the
United States. Firms operating more than one establishment should combine the data for all establishments
into a single report.
Electronic completion.--Your firm is encouraged to complete the questionnaire electronically in MS Word
format. The MS Word version of the questionnaire(s) is available online at the ITC web page for this
review or directly from the Commission’s Investigator, Elizabeth Haines (202-205-3200,
[email protected]). Please note that you have several options for submitting the questionnaire(s),
once completed, as detailed under “submission instructions” below. If completing the form electronically,
please do not attempt to modify the format or permissions of the questionnaire document.
Submission instructions.--Questionnaires may be submitted to the Commission in either paper or electronic
form as indicated on the following page.

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INSTRUCTIONS--Continued
(Instruction Booklet, in Inv. No. 731-TA-1012, Certain Frozen Fish Fillets from Vietnam (Review))

OPTIONS FOR PAPER FORM SUBMISSIONS
1)

Overnight mail service.--Mail to the following address:
United States International Trade Commission
Attn: Elizabeth Haines
Office of Investigations, Room 615-U
500 E Street SW
Washington, DC 20024

2)

Fax.--Fax to 202.205.3205. (This option is not recommended, as faxed submissions are at times
difficult to decipher).

3)

U.S. mail.--Mail to the address above, but using zip code 20436. (This option is not recommended
as U.S. mail sent to government offices undergoes additional processing to screen for hazardous
materials; this additional processing results in substantial delays in delivery).
OPTIONS FOR ELECTRONIC SUBMISSIONS

4)

E-mail.--E-mail the completed questionnaire(s) to Elizabeth Haines ([email protected])
in MS Word form and include a scanned PDF (or other image file) of the signed certification page(s)
(page 1). In the subject line of your e-mail submission, please include: BPI Questionnaire certain
frozen fish fillets, 701-1012. Please note that submitting your questionnaire by e-mail may subject
your firm’s business proprietary information to transmission over an insecure environment and to
possible disclosure. If you choose this option, the Commission warns you that any risk involving
possible disclosure of such information is assumed by the submitter and not by the Commission.

5)

Compact disc (CD).--Copy or burn the completed questionnaire(s) in MS Word onto a CD, and
include a scanned PDF (or other image file) of the signed certification page(s) (page 1), and mail to
the address above. If you choose this option for submission, please use an overnight mail service
as the additional processing that regular U.S. mail undergoes when sent to government offices
results not only in substantial delays in delivery but also damaged (melted) CDs.

Note to parties.--If you are a party to the review, and service of the questionnaire(s) is required, such service
should be made in paper form pursuant to the applicable Commission rules.
.

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DEFINITIONS
(Instruction Booklet, in Inv. No. 731-TA-1012, Certain Frozen Fish Fillets from Vietnam (Review))

Certain frozen fish fillets.-Frozen fish fillets.--For the purpose of this review, frozen fish fillets include regular, shank, and strip fillets
and portions thereof, whether or not breaded or marinated. The term fillet includes all lengthwise cuts
of whole fish, such as regular fillets, shank fillets, and strip fillets. The term fillet excludes whole fish,
fish steaks, and fish nuggets.
Included products:
Regular fillets.--Lengthwise, boneless cuts of fish with the belly flap intact.
Shank fillets.--Lengthwise, boneless cuts of fish with the belly flap removed.
Strip fillets.--Lengthwise, boneless cuts of fish with that have been cut into strips, chunks, blocks,
skewers, or any other shape.
Excluded products:
Whole fish.--Whole fish include any whole fish whether or not they are dressed, de-headed,
skinned, and eviscerated (i.e., as long as the bone structure is still attached to the fish).
Fish steaks.--Fish steaks teaks are bone-in, cross-section cuts of dressed fish.
Fish nuggets.--Fish nuggets are the belly-flaps if removed from lengthwise fillet cut.
Merchandise subject to the antidumping duty order.--Any frozen fish fillets of the species Pangasius
Bocourti (“basa”), Pangasius Hypophthalmus (“tra”) (also know as Pangasius Pangasius), and
Pangasius Micronemus (has no common name) (collectively “basa and tra”).
Original domestic like product.--Since there is no known domestic production of basa and tra in the
United States, the Commission determined in its original investigation that domestic production of
catfish is most like that of imported basa and tra.1 The domestic like product in the original
investigation (“original domestic like product”) therefore was defined to include frozen fish fillets of
any member of the Ichaluridae, i.e., catfish, family. U.S. production in the original investigation
related, however, primarily to Ictalurus Punctatus (“channel catfish”), the only species at that time of
the original investigation that was being commercially produced into frozen fish fillets in the United
States.
Certain frozen fish fillets.--The term “certain frozen fish fillets” for the purpose of this review includes
any frozen fish fillets of merchandise subject to the antidumping duty order (i.e., frozen fish fillets of
basa and tra) and any frozen fish fillets of the original domestic like product (i.e., frozen fish fillets of
fish in the Ichaluridae or catfish family), whether imported or domestically produced.

1 Certain Frozen Fish Fillets from Vietnam, Inv. No. 731-TA-1012 (Final), USITC Publication 3617 (August 2003), p. 11.

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DEFINITIONS--Continued
(Instruction Booklet, in Inv. No. 731-TA-1012, Certain Frozen Fish Fillets from Vietnam (Review))

Applicable HTS numbers.--Certain frozen fish fillets are classifiable or may have been classified under the
harmonized tariff schedule of the United States as follows:
Prior to 2007

0304.20.6030
0304.20.6032
0304.20.6033
0304.20.6034
0304.20.6043
0304.20.6057
0304.20.6070
0304.20.6096

2007 and afterwards

0304.29.6032 (catfish)
0304.29.6033 (basa and tra)
0304.29.6034 (other siluriformes)
0304.29.6043 (other)
0304.29.6057 (sole)
0304.29.6070 (ocean catfish)
0304.29.6099 (other)

Although the statistical reporting numbers of the harmonized tariff schedule of the United States are
provided above for convenience above, the written description under “certain frozen fish fillets” is
dispositive.
Offal.--Any byproduct produced from the production of certain frozen fish fillets, such as fish bones, skin, gut,
et cetera.
Firm.--An individual proprietorship, partnership, joint venture, association, corporation (including any
subsidiary corporation), business trust, cooperative, trustee in bankruptcy, or receiver under decree of any
court.
Related firm.--A firm that your firm solely or jointly owned, managed, or otherwise controlled; a firm that
solely or jointly owned, managed, or otherwise controlled your firm; and/or a firm that was solely or jointly
owned, managed, or otherwise controlled by a firm that also solely or jointly owned, managed, or otherwise
controlled your firm.
Establishment.--Each facility of a firm in the United States involved in the production, importation, and/or
purchase of certain frozen fish fillets (as defined above), including auxiliary facilities operated in
conjunction with (whether or not physically separate from) such facilities.
United States.--For purposes of this review, the 50 States, Puerto Rico, the U.S. Virgin Islands, and the District
of Columbia.
Importer.--Any person or firm engaged, either directly or through a parent company or subsidiary, in importing
certain frozen fish fillets (as defined above) into the United States from a foreign manufacturer or through
its selling agent.
Imports.--Those products identified for Customs purposes as imports for consumption for which your firm was
the importer of record (i.e., was responsible for paying any import duty) or consignee (i.e., to which the
merchandise was first delivered).
Import quantities.--Quantities reported should be net of returns.
Import values.--Values reported should be landed, duty-paid values at the U.S. port of entry, including ocean
freight and insurance costs, brokerage charges, and import duties (i.e., all charges except inland freight in

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DEFINITIONS--Continued
(Instruction Booklet, in Inv. No. 731-TA-1012, Certain Frozen Fish Fillets from Vietnam (Review))

the United States).
Purchaser.--Any person or firm engaged, either directly or through a parent company or subsidiary, in
purchasing certain frozen fish fillets (as defined above) from another firm that produces, imports, or
otherwise distributes certain frozen fish fillets. A retail firm that is the importer of record may be
considered a purchaser.
Purchases.--Purchases from all sources, not including direct imports from foreign producers (which should be
reported as imports in a U.S. importers’ questionnaire).
Purchase quantities.--Quantities reported should be net of returns.
Shipments.--Shipments of products produced in or imported by your U.S. establishment(s). Include shipments
to the contracting firm of product produced by your firm under a toll agreement.
Shipment quantities.--Quantities reported should be net of returns.
Shipment values.--Values reported should be net values (i.e., gross sales values less all discounts, allowances,
rebates, prepaid freight, and the value of returned goods), f.o.b. your U.S. point of shipment. The value of
domestic shipments to the contracting firm under a toll agreement is the conversion fee (including profit).
Types of shipments:
U.S. shipments.--Commercial shipments, internal consumption, and transfers to related firms within the
United States.
Commercial shipments.--Shipments, other than internal consumption and transfers to related firms,
within the United States.
Internal consumption.--Product consumed internally by your firm.
Transfers to related firms.--Shipments made to related domestic firms.
Export shipments.--Shipments to destinations outside the United States, including shipments to related
firms.
Inventories.--Finished goods inventory, not raw materials or work-in-progress.\
Spoilage.--Unaccounted for merchandise, e.g., product that went bad and therefore not sold, was stolen and
therefore not sold, or is unaccounted for some reason. Spoilage does not represent any waste byproducts
such as offal that is not considered subject merchandise.
Channels of Distribution:
Food service distributor.--Any firm that purchases certain frozen fish fillets from your firm for subsequent
distribution to any firm or entity responsible for meal preparation. For the purposes of this review, food
service distributors EXCLUDE restaurant chains or purchasers directly related to restaurant chains.
Food service distributors INCLUDE any distributors that subsequently sell certain frozen fish fillets to
unrelated restaurant chains.

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DEFINITIONS--Continued
(Instruction Booklet, in Inv. No. 731-TA-1012, Certain Frozen Fish Fillets from Vietnam (Review))

Restaurants.--Any firm that purchases certain frozen fish fillets from your firm for use in individual
restaurants or restaurant chains. For the purposes of this review, restaurant chains INCLUDE any
purchasers that are directly related to specific restaurant chains.
Other.--Any end user of certain frozen fish fillets other than restaurants or restaurant chains, such as,
schools, grocery chains, hospitals, catering, et cetera.
The following definitions apply only to the U.S. PRODUCERS’ QUESTIONNAIRE:
Average production capacity.--The level of production that your establishment(s) could reasonably have
expected to attain during the specified periods. Assume normal operating conditions (i.e., using equipment
and machinery in place and ready to operate; normal operating levels (hours per week/weeks per year) and
time for downtime, maintenance, repair, and cleanup; and a typical or representative product mix).
Toll agreement.--Agreement between two firms whereby the first firm furnishes the raw materials and the
second firm uses the raw materials to produce a product that it then returns to the first firm with a charge for
processing costs, overhead, etc.
Production.--All production in your U.S. establishment(s), including production consumed internally within
your firm and production for another firm under a toll agreement.
PRWs.--Production and related workers (“PRWs”), including working supervisors and all nonsupervisory
workers (including group leaders and trainees) engaged in fabricating, processing, assembling, inspecting,
receiving, storage, handling, packing, warehousing, shipping, trucking, hauling, maintenance, repair,
janitorial and guard services, product development, auxiliary production for plant=s own use (e.g., power
plant), recordkeeping, and other services closely associated with the above production operations.
Average number employed.--Add the number of employees, both full-time and part-time, for the 12 pay
periods ending closest to the 15th of the month and divide that total by 12. For the January-March periods,
calculate similarly and divide by 3.
Hours worked.--Include time paid for sick leave, holidays, and vacation time. Include overtime hours actually
worked; do not convert overtime pay to its equivalent in straight-time hours.
Wages paid.--Total wages paid before deductions of any kind (e.g., withholding taxes, old-age and
unemployment insurance, group insurance, union dues, bonds, etc.). Include wages paid directly by your
firm for overtime, holidays, vacations, and sick leave.
Fiscal year.--The 12-month period between settlement of your firm=s financial accounts.
Purchases other than direct imports.--Purchases from U.S. producers, U.S. importers, and other U.S. sources,
excluding direct imports (which should be reported as imports in a U.S. importers’ questionnaire).

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