• Effective Date: Apr 12, 2022
  • Period of Review: Feb 01, 2021 to Jan 31, 2022
  • Notice of Lifting of Suspension Date: Apr 12, 2022
  • Cite as: 87 FR 21619 • Cite date: Apr 12, 2022
1. Commerce does not automatically conduct administrative reviews of antidumping duty orders. Instead, reviews must be requested pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended, and in accordance with 19 CFR 351.213. 2. Commerce has not received a request for an administrative review of the antidumping duty order for the period and on the merchandise identified below except for the firms listed in paragraph 3. Therefore, in accordance with 19 CFR 351.212(c), you are to liquidate all entries for all firms except those listed in paragraph 3 and assess antidumping duties on merchandise entered, or withdrawn from warehouse, for consumption at the cash deposit or bonding rate in effect on the date of entry. Product: Certain Frozen Warmwater Shrimp Country: The Socialist Republic of Vietnam Case number: A-552-802 Period: 02/1/2021 through 01/31/2022 3. Entries of merchandise of the firms listed below should not be liquidated until specific instructions are issued. Continue to suspend liquidation of all entries of merchandise exported by the listed firms entered, or withdrawn from warehouse, for consumption during the period 02/1/2021 through 01/31/2022. Company: Soc Trang Seafood Joint Stock Company Case Number: A-552-802-040 Entries may have also entered under the name: STAPIMEX Company: Seavina Joint Stock Company Case Number: A-552-802-092 Company: BIM Foods Joint Stock Company Case Number: A-552-802-093 Company: Au Vung One Seafood Case Number: A-552-802-109 Company: Thanh Doan Sea Products Import & Export Processing Joint-Stock Company Case Number: A-552-802-112 Entries may have also entered under the name: THADIMEXCO Company: Thong Thuan Cam Ranh Seafood Joint Stock Company Case Number: A-552-802-113 Entries may have also entered under the name: T&T Cam Ranh Company: Trung Son Seafood Processing Joint Stock Company Case Number: A-552-802-114 No case number was in place during the period of review for the companies listed below. Entries may have been made under A-552-802-000 or other company-specific numbers. Amanda Seafood Co., Ltd. An Nguyen Investment Production and Group Anh Khoa Seafood Anh Minh Quan Corp APT Co. Bien Dong Seafood Co., Ltd. Binh Dong Fisheries Joint Stock Company Binh Thuan Import-Export Joint Stock Company Blue Bay Seafood Co., Ltd. Cadovimex Cadovimex II Seafood Import Export and Processing Joint Stock Company Cadovimex Seafood Import-Export and Processing Joint Stock Company Cantho Import Export Seafood Joint Stock Company Caseamex CJ Cau Tre Foods Joint Stock Company Coastal Fisheries Development Corporation COFIDEC Danang Seafood Import Export Danang Seaproducts Import-Export Corporation Dong Hai Seafood Limited Company Dong Phuong Seafood Co., Ltd. Duc Cuong Seafood Trading Co., Ltd. Duong Hung Seafood FFC Fine Foods Company Gallant Dachan Seafood Co., Ltd. Gallant Ocean (Vietnam) Co. Ltd. Go Dang Joint Stock Company GODACO Seafood Green Farms Seafood Joint Stock Company Hanh An Trading Service Co., Ltd Hong Ngoc Seafood Co., Ltd. Hung Bang Company Limited Hung Dong Investment Service Trading Co., Ltd. HungHau Agricultural Joint Stock Company JK Fish Co., Ltd. Khanh Hoa Seafoods Exporting Company KHASPEXCO Long Toan Frozen Aquatic Products Joint Stock Company MC Seafood Minh Bach Seafood Company Limited Minh Cuong Seafood Import Export Processing Joint Stock Company Minh Phu Hau Giang Seafood Minh Phu Seafood Corporation Minh Qui Seafood Co., Ltd. Nam Viet Seafood Import Export Joint Stock Company Namcan Seaproducts Import Export Joint Stock Company New Generation Seafood Joint Stock Company New Wind Seafood Co., Ltd Ngoc Trinh Bac Lieu Seafood Co., Ltd. Nguyen Chi Aquatic Product Trading Company Limited Nhat Duc Co., Ltd. Nigico Co., Ltd. Phuong Nam Foodstuff Corp QAIMEXCO Quang Minh Seafood Co., Ltd Quoc Ai Seafood Processing Import Export Co., Ltd. Quoc Toan PTE Quoc Toan Seafood Processing Factory Quy Nhon Frozen Seafoods Joint Stock Company Safe and Fresh Aquatic Products Joint Stock Company Safe and Fresh Co Saigon Aquatic Product Trading Joint Stock Company Saigon Food Joint Stock Company SEADANANG Seafood Joint Stock Company No.4 Seafood Travel Construction Import-Export Joint Stock Company Seanamico Seaspimex Vietnam South Ha Tinh Seaproducts Import-Export Joint Stock Company South Vina Shrimp - SVS Southern Shrimp Joint Stock Company Special Aquatic Products Joint Stock Company T & P Seafood Company Limited Tai Nguyen Seafood Co., Ltd. Tan Phong Phu Seafood Co., Ltd. Tan Thanh Loi Frozen Food Co., Ltd. Thai Hoa Foods Joint Stock Company Thai Minh Long Seafood Company Limited Thaimex Thanh Doan Fisheries Import-Export Joint Stock Company Thanh Doan Seafood Import Export Trading Joint-Stock Company The Light Seafood Company Limited Thien Phu Export Seafood Thinh Hung Co., Ltd. Thinh Phu Aquatic Products Trading Co., Ltd. TPP Co. Ltd. Trading and Import-Export Co., Ltd. Trang Corporation (Vietnam) Van Duc Food Company Limited Viet Phu Foods and Fish Corp. Viet Shrimp Corporation VIFAFOOD Vinh Hoan Corp. Vinh Phat Food Joint Stock Company XNK Thinh Phat Processing Company CBP officers must also examine entries under A-552-802-000 and all existing company-specific case numbers to ensure the continued suspension of liquidation of entries during the applicable period of review for the exporters listed above. 4. There are no injunctions applicable to the entries covered by this instruction. 5. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 2 occurred with the publication of the notice of initiation of administrative review for the 02/2022 anniversary month (87 FR 21619, 04/12/2022). Unless instructed otherwise, for all other shipments of certain frozen warmwater shrimp from the Socialist Republic of Vietnam you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates. 6. The assessment of antidumping duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended. Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated antidumping duties. The interest provisions are not applicable to cash or bonds posted as estimated antidumping duties before the date of publication of the antidumping duty order. Interest shall be calculated from the date payment of estimated antidumping duties is required through the date of liquidation. The rate at which such interest is payable is the rate in effect under section 6621 of the Internal Revenue Code of 1954 for such period. 7. Upon assessment of antidumping duties, CBP shall require that the importer provide a reimbursement certification in accordance with 19 CFR 351.402(f)(2) and as described under this paragraph: a. The importer must certify with CBP prior to liquidation (except as provided below) whether the importer has or has not been reimbursed or entered into any agreement or understanding for the payment or for the refunding to the importer by the manufacturer, producer, seller, or exporter for all or any part of the antidumping and/or countervailing duties, as appropriate. Such certification should identify the commodity and country and contain the information necessary to link the certification to the relevant entry or entry line number(s). b. The certification may be filed either electronically or in paper in accordance with CBP's requirements, as applicable. c. If an importer does not provide its certification prior to liquidation, CBP may accept the certification in accordance with its protest procedures under 19 U.S.C. 1514, unless otherwise directed. d. Certifications are required for entries of the relevant commodity that have been imported on or after the date of publication of the antidumping notice in the Federal Register that first suspended liquidation in that proceeding. e. Consistent with 19 CFR 351.402(f)(3), if an importer fails to file the certification, Commerce may presume that the importer was paid or reimbursed the antidumping or countervailing duties. Therefore, if the importer does not provide the certification prior to liquidation (or as provided above), reimbursement of the duties shall be presumed. Accordingly, if there is no certification with respect to the antidumping duty, CBP shall increase the antidumping duty by the amount of the antidumping duty. In addition, if there is no certification with respect to any applicable countervailing duty, CBP shall increase the antidumping duty by the amount of the countervailing duty. Further, if the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed antidumping duties, CBP shall increase the antidumping duty by the amount of the antidumping duty. In addition, if the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed any applicable countervailing duties, CBP shall increase the antidumping duty by the amount of the countervailing duty. 8. This instruction to liquidate entries covered by this message does not limit CBP's independent authority, including its authority to suspend, continue to suspend, or extend liquidation of entries addressed by this message. Accordingly, CBP should examine all entries for which this message directs liquidation to determine whether any such entries are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's independent authority (e.g., Enforce and Protect Act under section 517 of the Tariff Act of 1930, as amended). If entries of subject merchandise covered by this message are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's own authority, CBP port officials should follow CBP's internal procedures with respect to continuing any suspension, the lifting of suspension, and/or continuing any extension of liquidation for such entries. 9. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by O8:IG.) 10. There are no restrictions on the release of this information. Alexander Amdur