- Effective Date: Apr 11, 2023
- Period of Review: Feb 01, 2022 to Jan 31, 2023
- Notice of Lifting of Suspension Date: Apr 11, 2023
- Cite as: 88 FR 21609
Cite date: Apr 11, 2023
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all entries for all firms except those listed in paragraph 3 and assess antidumping duties on merchandise entered, or withdrawn from warehouse, for consumption at the cash deposit rate in effect on the date of entry: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: 02/01/2022 through 01/31/2023
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Continue to suspend liquidation of all entries of merchandise produced and/or exported by the listed firms entered, or withdrawn from warehouse, for consumption during the period 02/01/2022 through 01/31/2023:
Company: BAC LIEU FISHERIES JOINT STOCK COMPANY
Case number: A-552-802-038
Company: Bentre Forestry and Aquaproduct Import-Export Joint Stock Company; FAQUIMEX; BENTRE FORESTRY AND AQUAPRODUCT IMPORT-EXPORT
Case number: A-552-802-098
Company: C.P. VIETNAM CORPORATION
Case number: A-552-802-116
Company: Min Hai Joint Stock Seafoods; Seaprodex Minh Hai; Minh Hai Joint-Stock Seafoods Processing Company
Case number: A-552-802-003
Company: CADOVIMEX SEAFOOD IMPORT-EXPORT AND PROCESSING JOINT STOCK COMPANY
Case number: A-552-802-039
Company: Cafatex; Cafatex Corp.; Cafatex Corporation; Taydo Seafood Enterprise; Xi Nghiep Che Bien Thuy Suc San Xuat Kau Cantho; Cafatex Fishery Joint Stock Corporation
Case number: A-552-802-009
Company: CAFISH; Can Tho Import Export Fishery Limited Company
Case number: A-552-802-043
Company: CAMAU FROZEN SEAFOOD PROCESSING IMPORT EXPORT CORPORATION
Case number: A-552-802-046
Entries may also have been made under A-552-802-000 or other company-specific numbers
Company: Camau Seafood Processing and Service Joint-Stock Corporation; CASES; Camau Seafood Processing and Service Joint Stock Corporation
Case number: A-552-802-097
Company: Camimex Group Joint Stock Company
Case number: A-552-802-001
Company: COASTAL FISHERIES DEVELOPEMENT CORPORATION
Case number: A-552-802-025
Company: CUU LONG SEAPRODUCTS COMPANY
Case number: A-552-802-059
Entries may also have been made under A-552-802-000 or other company-specific numbers
Company: Cuulong Seapro; Cuulong Seaproducts Company
Case number: A-552-802-010
Company: DANANG SEAPRODUCTS IMPORT EXPORT CORPORATION
Case number: A-552-802-060
Entries may also have been made under A-552-802-000 or other company-specific numbers
Company: FFC; Fine Foods Co.
Case number: A-552-802-099
Entries may also have been made under A-552-802-000 or other company-specific numbers
Company: Fimex VN akaSaota Seafood Factory; Sao Ta Foods Joint Stock Company
Case number: A-552-802-018
Company: FROZEN SEAFOODS FACTORY NO. 32
Case number: A-552-802-118
Company: Gallant Dachan Seafood Co., Ltd.
Case number: A-552-802-100
Entries may also have been made under A-552-802-000 or other company-specific numbers
Company: GALLANT OCEAN (VIETNAM) CO., LTD.
Case number: A-552-802-044
Entries may also have been made under A-552-802-000 or other company-specific numbers
Company: GREEN FARMS SEAFOOD JOINT STOCK COMPANY
Case number: A-552-802-105
Entries may also have been made under A-552-802-000 or other company-specific numbers
Company: HAVICO; Hai Viet Corporation
Case number: A-552-802-096
Company: INVESTMENT COMMERCE FISHERIES CORPORATION
Case number: A-552-802-033
Company: KHANH SUNG COMPANY, LTD.
Case number: A-552-802-111
Company: KIM ANH COMPANY LIMITED
Case number: A-552-802-002
Company: MINH HAI EXPORT FROZEN SEAFOOD PROCESSING JOIN-STOCK COMPANY
Case number: A-552-802-063
Company: MINH HAI JOINT STOCK SEAFOODS PROCESSING COMPANY
Case number: A-552-802-049
Entries may also have been made under A-552-802-000 or other company-specific numbers
Company: Minh Hai Jostoco; Minh Hai Export Frozen Seafood Processing Joint-Stock Company
Case number: A-552-802-013
Company: NGOC TRI SEAFOOD JOINT STOCK COMPANY
Case number: A-552-802-089
Company: NHA TRANG FISHERIES JOINT STOCK
Case number: A-552-802-066
Entries may also have been made under A-552-802-000 or other company-specific numbers
Company: Nha Trang Seafoods F89 Joint Stock Company; Nha Trang Seaproduct Company; NT Seafoods Corporation; NTSF Seafoods Joint Stock Company; Nha Trang Seafoods Group
Case number: A-552-802-085
Company: Nhat Duc Co., Ltd.
Case number: A-552-802-087
Entries may also have been made under A-552-802-000 or other company-specific numbers
Company: Q N L COMPANY LIMITED
Case number: A-552-802-120
Company: QUANG MINH SEAFOOD CO., LTD.
Case number: A-552-802-106
Entries may also have been made under A-552-802-000 or other company-specific numbers
Company: QUOC VIET SEAPRODUCTS PROCESSING TRADING AND IMPORT-EXPORT CO., LTD.
Case number: A-552-802-091
Company: SAO TA FOODS JOINT STOCK
Case number: A-552-802-072
Entries may also have been made under A-552-802-000 or other company-specific numbers
Company: SEAFOODS AND FOODSTUFF FACTORY
Case number: A-552-802-119
Company: Seaprimexco; Seaprimexco Vietnam
Case number: A-552-802-014
Company: Seavina; Seavina Joint Stock Company
Case number: A-552-802-092
Company: Stapimex; Soc Trang Seafood Joint Stock Company
Case number: A-552-802-040
Company: BIM Foods Joint Stock Company
Case Number: A-552-802-093
Company: Tacvan Seafoods Co.; TACVAN FROZEN SEAFOOD PROCESSING EXPORT COMPANY
Case number: A-552-802-103
Company: TAIKA SEAFOOD CORPORATION
Case number: A-552-802-107
Company: TAN PHONG PHU SEAFOOD CO., LTD.
Case number: A-552-802-117
Entries may also have been made under A-552-802-000 or other company-specific numbers
Company: Tan Phong Phu Seafoods Co., Ltd.
Case number: A-552-802-104
Entries may also have been made under A-552-802-000 or other company-specific numbers
Company: AU VUNG ONE SEAFOOD PROCESSING IMPORT & EXPORT JOINT STOCK COMPANY
Case Number: A-552-802-109
Company: THADIMEXCO; Thanh Doan Sea Products Import & Export Processing Joint-Stock Company
Case number: A-552-802-112
Company: THONG THUAN - CAM RANH SEAFOOD JOINT STOCK COMPANY
Case number: A-552-802-113
Company: THONG THUAN COMPANY LIMITED
Case number: A-552-802-095
Company: TRONG NHAN SEAFOOD COMPANY LIMITED
Case number: A-552-802-108
Company: TRUNG SON SEAFOOD PROCESSING JOINT STOCK COMPANY
Case number: A-552-802-114
Company: UTXI AQUATIC PRODUCTS PROCESSING CORPORATION
Case number: A-552-802-042
Company: VIET FOODS CO., LTD.
Case number: A-552-802-030
Company: VIET HAI SEAFOOD COMPANY LTD.
Case number: A-552-802-079
Entries may also have been made under A-552-802-000 or other company-specific numbers
Company: VIET I-MEI FROZEN FOODS CO., LTD.
Case number: A-552-802-084
Company: Viet Nam Clean Seafood Corporation; Vina Cleanfood; Vietnam Clean Seafood Corporation
Case number: A-552-802-090
Company: Vietnam Fish One Co., Ltd.; Viet Hai Seafood Co., Ltd.
Case number: A-552-802-031
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.
AFoods
Amanda Seafood Co., Ltd.
An Nguyen Investment Production and Group
Anh Khoa Seafood
Anh Minh Quan Corp.
APT Co.
Bac Lieu Fis
Bentre Seafood Joint Stock Company
Beseaco
Bien Dong Seafood Co., Ltd.
Binh Dong Fisheries Joint Stock Company
Binh Thuan Import-Export Joint Stock Company
Blue Bay Seafood Co., Ltd.
Ca Mau Seafood Joint Stock Company
Cadovimex
Cadovimex II Seafood Import Export and Processing Joint Stock Company
Camimex
Camimex Foods Joint Stock Company
Cantho Import Export Fishery Limited Company
Cantho Import Export Seafood Joint Stock Company
Caseamex
CJ Cau Tre Foods Joint Stock Company
COFIDEC
Dai Phat Tien Seafood Co., Ltd.
Danang Seafood Import Export
Dong Hai Seafood Limited Company
Dong Phuong Seafood Co., Ltd.
Duc Cuong Seafood Trading Co., Ltd.
Duong Hung Seafood
Fine Foods Company
Gallant Ocean (Vietnam) Joint Stock Company
Go Dang Joint Stock Company
GODACO Seafood
Hanh An Trading Service Co., Ltd.
Hoang Anh Fisheries Trading Company Limited
Hong Ngoc Seafood Co., Ltd.
Hung Bang Company Limited
Hung Dong Investment Service Trading Co., Ltd.
HungHau Agricultural Joint Stock Company
INCOMFISH
JK Fish Co., Ltd.
Khang An Foods Joint Stock Company
Khanh Hoa Seafoods Exporting Company
KHASPEXCO
Kim Anh
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 Phat Seafood Company Limited
Minh Phu Hau Giang Seafood
Minh Phu Seafood Corporation
Minh Qui Seafood Company Limited
Nam Hai Foodstuff and Export Company Ltd.
Nam Phuong Foods Import Export Company Limited
Nam Viet Seafood Import Export Joint Stock Company
Namcan Seaproducts Import Export Joint Stock Company
NAVIMEXCO
New Generation Seafood Joint Stock Company
New Wind Seafood Company Limited
Ngoc Tri
Ngoc Trinh Bac Lieu Seafood Co., Ltd.
Nguyen Chi Aquatic Product Trading Company Limited
Nigico Co., Ltd.
Phuong Nam Foodstuff Corp.
QAIMEXCO
QNL One Member Company
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
Saigon Aquatic Product Trading Joint Stock Company
Saigon Food Joint Stock Company
Sea Minh Hai
SEADANANG
Seafood Direct 2012 One Member Limited
Seafood Joint Stock Company No. 4
Seafood Travel Construction Import-Export Joint Stock Company
Seanamico
Seaprodex Minh Hai Factory No. 69
Seaprodex Minh Hai Workshop 1
Seaprodex Minh Hai-Factory No. 78
Seaproducts Joint Stock Company
Seaspimex Vietnam
Simmy Seafood Company Limited
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
T&T Cam Ranh
Tai Kim Anh Seafood Joint Stock Corporation
Tai Nguyen Seafood Co., Ltd.
Tan Thanh Loi Frozen Food Co., Ltd.
Tay Do Seafood Enterprise
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.
Thuan Phuoc Seafoods and Trading Corporation
Thuan Thien Producing Trading Ltd. Co.
TPP Co. Ltd.
Trang Corporation (Vietnam)
Trang Khanh Seafood Co., Ltd.
Trung Son Corp.
UTXICO
Van Duc Food Company Limited
Viet Asia Foods 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 producers and/or 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 02/2023 anniversary month (88 FR 21609, 04/11/2023).
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 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 ths 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 OVIII:JS.)
10.
There are no restrictions on the release of this information.
Alexander Amdur