- Effective Date: Nov 03, 2023
- Period of Review: Feb 01, 2022 to Jan 31, 2023
- Notice of Lifting of Suspension Date: Nov 03, 2023
- Cite as: 88 FR 75550
Cite date: Nov 03, 2023
1.
This is a correction to message 3342401, dated 12/08/2023, to correct paragraph 1 and the header of that message.
2.
Paragraph 1 of message 3342401 contains incorrect information about the names of certain companies.
Specifically, several company names were listed on the same line as other company names.
However, in this message, these companies are now correctly listed on separate lines in paragraph 3 of this message.
In addition, the header of message 3342401 contained the incorrect effective date, which is corrected in the header of this message.
3. Commerce has rescinded the administrative review of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (A-552-802) covering the period 2/01/2022 through 01/31/2023 in part, with respect to the firms listed below. You are to assess antidumping duties on this merchandise entered, or withdrawn from warehouse, for consumption during the period 2/01/2022 through 01/31/2023 at the cash deposit rate required at the time of entry.
Liquidate all entries for the following firms:
Company: Camimex Group Joint Stock Company
Case Number: A-552-802-001
Company: Kim Anh Company Limited
Case Number: A-552-802-002
Company: Min Hai Joint Stock Seafoods; Seaprodex Minh Hai; Minh Hai Joint-Stock Seafoods Processing Company
Case Number: A-552-802-003
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: Cuulong Seapro; Cuulong Seaproducts Company
Case Number: A-552-802-010
Company: Minh Hai Jostoco; Minh Hai Export Frozen Seafood Processing Joint-Stock Company
Case Number: A-552-802-013
Company: Seaprimexco; Seaprimexco Vietnam
Case Number: A-552-802-014
Company: Fimex VN aka Saota Seafood Factory; Sao Ta Foods Joint Stock Company
Case Number: A-552-802-018
Company: VIET FOODS CO., LTD.
Case Number: A-552-802-030
Company: Bac Lieu Fisheries Joint Stock Company
Case Number: A-552-802-038
Company: Stapimex; Soc Trang Seafood Joint Stock Company
Case Number: A-552-802-040
Company: THUAN PHUOC SEAFOODS AND TRADING CORPORATION
Case Number: A-552-802-041
Company: UTXI AQUATIC PRODUCTS PROCESSING CORPORATION
Case Number: A-552-802-042
Company: CAFISH; Can Tho Import Export Fishery Limited
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: VIET I-MEI FROZEN FOODS CO., LTD.
Case Number: A-552-802-084
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: Ngoc Tri Seafood Joint Stock Company
Case Number: A-552-802-089
Company: Viet Nam Clean Seafood Corporation; Vina Cleanfood; Vietnam Clean Seafood Corporation
Case Number: A-552-802-090
Company: QUOC VIET SEAPRODUCTS PROCESSING TRADING AND IMPORT-EXPORT CO., LTD.
Case Number: A-552-802-091
Company: THONG THUAN COMPANY LIMITED
Case Number: A-552-802-095
Company: HAVICO; Hai Viet Corporation
Case Number: A-552-802-096
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: 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: TRONG NHAN SEAFOOD COMPANY LIMITED
Case Number: A-552-802-108
Company: KHANH SUNG COMPANY, LTD.
Case Number: A-552-802-111
Company: THONG THUAN - CAM RANH SEAFOOD JOINT STOCK COMPANY
Case Number: A-552-802-113
Company: C.P. Vietnam Corporation
Case Number: A-552-802-116
Company: Frozen Seafoods Factory No. 32
Case Number: A-552-802-118
Company: SEAFOODS AND FOODSTUFF FACTORY
Case Number: A-552-802-119
Company: Q N L COMPANY LIMITED
Case number: A-552-802-120
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.
Bac Lieu Fis
Ca Mau Seafood Joint Stock Company
Camimex
Camimex Foods Joint Stock Company
Cantho Import Export Fishery Limited Company
Kim Anh
Nam Hai Foodstuff and Export Company Ltd.
Ngoc Tri
QNL One Member Company
Quoc Viet Seaproducts Processing Trade and Import-Export Co., Ltd.
Sea Minh Hai
Seaprodex Minh Hai Factory No. 69
Seaprodex Minh Hai Workshop 1
Seaprodex Minh Hai-Factory No. 78
T&T Cam Ranh
Tai Kim Anh Seafood Joint Stock Corporation
Tay Do Seafood Enterprise
Trang Khanh Seafood Co., Ltd.
UTXICO
4. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by this message occurred with the publication of the Preliminary Results, Partial Rescission, and Preliminary Determination of No Shipments of Antidumping Duty Administrative Review (88 FR 75550, 11/3/2023). 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.
5. There are no injunctions applicable to the entries covered by this instruction.
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 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 OVIII:JS.)
10. There are no restrictions on the release of this information.
Alexander Amdur