- Effective Date: Dec 29, 2020
- Period of Review: Feb 01, 2018 to Jan 31, 2019
- Notice of Lifting of Suspension Date: Dec 29, 2020
- Cite as: 85 FR 85580
Cite date: Dec 29, 2020
1.
For all shipments of certain frozen warmwater shrimp from India produced or exported by firms listed below and entered, or withdrawn from warehouse, for consumption during the period 02/01/2018 through 01/31/2019, assess an antidumping liability of 3.06 percent of the entered value.
Producer or Exporter: Magnum Export
Case number: A-533-840-039
Producer or Exporter: Five Star Marine Exports Private Limited
Case number: A-533-840-114
Producer or Exporter: Shimpo Exports Private Limited
Case Number: A-533-840-196
Producer or Exporter: Sea Foods Private Limited
Case number: A-533-840-378
Producer or Exporter: B-One Business House Pvt. Ltd.
Case number: A-533-840-399
Producer or Exporter: HN Indigos Private Limited
Case Number: A-533-840-419
Producer or Exporter: RSA Marines
Case Number: A-533-840-427
Producer or Exporter: Milsha Agro Exports Private Limited
Case Number: A-533-840-435
Producer or Exporter: Hari Marine Private Limited
Case Number: A-533-840-444
Producer or Exporter: Megaa Moda Pvt. Ltd.
Case Number: A-533-840-445
Producer or Exporter: Zeal Aqua Limited
Case Number: A-533-840-455
Certain firms did not have their own case number during the period of review; entries may have been made under A-533-840-000 or other company-specific case numbers.
Note to CBP:
For the companies listed above, these liquidation instructions apply only to merchandise either produced or exported by the company but not both.
Where a company is both the producer and exporter of an entry, the entry is subject to the suspension of liquidation as noted in paragraph 3, below.
2.
Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by this message occurred with the publication of the final results of administrative review (85 FR 85580, 12/29/2020).
Unless instructed otherwise, for all other shipments of certain frozen warmwater shrimp from India you shall continue to collect cash deposits of estimated antidumping duties at the current rates.
3.
The injunction associated with court number 21-00031 discussed in message number 1042401, dated 02/11/2021, is applicable to the entries both produced and exported by the companies in paragraph 2 above.
Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued.
4.
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 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.
5.
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.
6.
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.
7.
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 OII:AM.)
8.
There are no restrictions on the release of this information.
Alexander Amdur