• 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all entries for all firms except those listed in paragraph 3 and assess antidumping duties on merchandise entered, or withdrawn from warehouse, for consumption at the cash deposit rate in effect on the date of entry: Product: Certain Frozen Warmwater Shrimp Country: The Socialist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Continue to suspend liquidation of all entries of merchandise produced and/or exported by the listed firms entered, or withdrawn from warehouse, for consumption during the period 02/01/2022 through 01/31/2023: Company: BAC LIEU FISHERIES JOINT STOCK COMPANY Case number: A-552-802-038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