• 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 4066403, dated 03/06/2024, to correct paragraph 3 of that message. 2. Paragraph 3 of message 4066403 incorrectly lists Trang Khanh Seafood Co., Ltd. as a company without a case number. However, in this message, Trang Khanh Seafood Co., Ltd. is correctly listed with case number A-552-802-121 along with TRANG KHANH TRADING COMPANY LIMITED, as it is an aka name of TRANG KHANH TRADING COMPANY LIMITED. Below is the fully corrected 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 Commerce has rescinded the administrative review of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (A-552-802) covering the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 You are to assess antidumping duties on this merchandise entered, or withdrawn from warehouse, for consumption during the period 2/01/2022 through 01/31/2023 at the cash deposit rate required at the time of entry.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 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: 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 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 Company: TRANG KHANH TRADING COMPANY LIMITED; TRANG KHANH SEAFOOD CO., LTD. Case number: A-552-802-121 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 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 O8:JS.) 10. There are no restrictions on the release of this information. Alexander Amdur