- Effective Date: Sep 17, 2024
- Period of Review: Aug 01, 2022 to Jul 31, 2023
- Notice of Lifting of Suspension Date: Sep 17, 2024
- Cite as: 89 FR 76801
Cite date: Sep 17, 2024
1.
Commerce has rescinded the administrative review of the antidumping duty order on certain frozen fish fillets from the Socialist Republic of Vietnam (A-552-801) covering the period 08/01/2022 through 07/31/2023 in part with respect to the firm(s) listed below.
You are to assess antidumping duties on this merchandise entered, or withdrawn from warehouse, for consumption during the period 08/01/2022 through 07/31/2023 at the cash deposit rate required at the time of entry.
Liquidate all entries for the following firms:
QVD Dong Thap Food Co., Ltd; Thuan Hung Co., Ltd.; QVD FOOD CO. LTD.
Case number: A-552-801-009
(NOTE:
This entity was referenced as "QVD Food Co., Ltd.; QVD Dong Thap Food Co., Ltd. (also known as Dong Thap or QVD DT); Thuan Hung Co., Ltd. (also known as THUFICO)" in the rescission notice.)
Vinh Quang Fisheries Corporation
Case number: A-552-801-051
(NOTE:
This company was referenced as "Vinh Quang Fisheries Corporation (also known as Vinh Quang, Vinh Quang Fisheries Corp., Vinh Quang Fisheries Joint Stock Company, or Vinh Quang Fisheries Co., Ltd.)" in the rescission notice.)
Hung Vuong Sa Dec Co., Ltd.; An Giang Fisheries Import and Export Joint Stock Company; Asia Pangasius Company Limited; Europe Joint Stock Company; Hung Vuong Vinh Long Co., Ltd.; Hung Vuong Co., Ltd.; Hung Vuong Mascato Company Limited; Hung Vuong Corporation; Hung Vuong Joint Stock Company; Hung Vuong Ben Tre Seafood Processing Co., Ltd.
Case number: A-552-801-057
(NOTE:
This entity was referenced as "Hung Vuong Corporation; Hung Vuong Joint Stock Company, HVC or HV Corp.; An Giang Fisheries Import and Export Joint Stock Company (also known as Agifish, An Giang Fisheries Import and Export, An Giang Fisheries Import & Export Joint Stock Company); Asia Pangasius Company Limited (also known as ASIA); Europe Joint Stock Company (also known as Europe, Europe JSC or EJS CO.); Hung Vuong Ben Tre Seafood Processing Company Limited (also known as Ben Tre, HVBT, or HVBT Seafood Processing); Hung Vuong Mascato Company Limited (also known as Mascato); Hung Vuong--Sa Dec Co., Ltd. (also known as Sa Dec or Hung Vuong Sa Dec Company Limited); Hung Vuong--Vinh Long Co., Ltd. (also known as Vinh Long or Hung Vuong Vinh Long Company Limited)" in the rescission notice.)
Green Farms Seafood Joint Stock Company
Case number: A-552-801-062
(NOTE:
This company was referenced as "Green Farms Seafood Joint Stock Company (also known as Green Farms, Green Farms Seafood JSC, GreenFarm SeaFoods Joint Stock Company, or Green Farms Seafoods Joint Stock Company)" in the rescission notice.)
C.P Vietnam Corporation
Case number: A-552-801-069
Fatifish Company Limited
Case number: A-552-801-071
(NOTE:
This company was referenced as "Fatifish Company Limited (also known as FATIFISH or FATIFISHCO or Fatfish Co., Ltd.)" in the rescission notice.)
GODACO Seafood Joint Stock Company
Case number: A-552-801-072
(NOTE:
This company was referenced as "GODACO Seafood Joint Stock Company (also known as GODACO, GODACO Seafood, GODACO SEAFOOD, GODACO_SEAFOOD, or GODACO Seafood J.S.C.)" in the rescission notice.)
Hai Huong Seafood Joint Stock Company
Case number: A-552-801-078
(NOTE:
This company was referenced as "Hai Huong Seafood Joint Stock Company (also known as HHFish, HH Fish, or Hai Huong Seafood)" in the rescission notice.)
Cafatex Corporation
Case number: A-552-801-080
(NOTE:
This company was referenced as "Can Tho Animal Fishery Products Processing Export Enterprise (also known as Cafatex Corporation, or Cafatex)" in the rescission notice.)
East Sea Seafoods LLC
Case number: A-552-801-084
(NOTE:
This company was referenced as "East Sea Seafoods LLC (also known as East Sea Seafoods Limited Liability Company, ESS LLC, ESS, ESS JVC, or East Sea Seafoods Joint Venture Co., Ltd.)" in the rescission notice.)
Co May Imp. Exp. Co
No case number was in place for this company during the period of review.
Entries may have been made under A-552-801-000
International Development and Investment Corporation
No case number was in place for this company during the period of review.
Entries may have been made under A-552-801-000
(NOTE:
This company was referenced as "I.D.I International Development and Investment Corporation (also known as IDI, International Development & Investment Corporation, International Development and Investment Corporation, or IDI International Development & Investment Corporation)" in the rescission notice.)
Loc Kim Chi Seafood Joint Stock Company
No case number was in place for this company during the period of review.
Entries may have been made under A-552-801-000
(NOTE:
This company was also referenced as "Loc Kim Chi Seafood Joint Stock Company (also known as Loc Kim Chi)" in the rescission notice.)
2.
Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by this message occurred with the publication of the notice of rescission in part of administrative review (89 FR 76081, 09/17/2024).
Unless instructed otherwise, for all other shipments of certain frozen fish fillets from the Socialist Republic of Vietnam you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.
3.
The injunction with court number 24-00126 discussed in message number 4241402, dated 08/28/2024, is applicable to the entries exported by Co May Import-Export Company Limited during the period 08/01/2022 through 01/31/2023.
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 OV:CM.)
8.
There are no restrictions on the release of this information.
Alexander Amdur