• Effective Date: Jul 18, 2016
  • Period Covered: 02/01/2016 to 07/17/2016
  • Notice of Lifting of Suspension Date: Jul 22, 2016
  • Cite as: 81 FR 47758 • Cite date: Jul 22, 2016

1. On 07/18/2016, Commerce entered into a settlement agreement to compromise its claims for duties with respect to certain entries of subject merchandise exported by the Minh Phu Group (see below) (see 81 FR 47758, 07/22/2016).

Exporter: Collectively Minh Phu Group
Minh Phu Seafood Export Import Corporation (and affiliates Minh Qui Seafood Co., Ltd. and Minh Phat Seafood Co., Ltd.), aka
Minh Phu Seafood Corp., aka
Minh Phu Seafood Corporation, aka
Minh Phu Seafood Pte, or
Minh Qui Seafood, aka
Minh Qui Seafood Co., Ltd., aka
Minh Qui, or
Minh Phat Seafood Co., Ltd., aka
Minh Phat Seafood, aka
Minh Phat Seafood Corp., aka
Minh Phat, or
Minh Phu Hau Giang Seafood Joint Stock Company, aka
Minh Phu Hau Giang Seafood Corp., aka
Minh Phu Hau Giang Seafood Processing Co., Ltd., aka
Minh Phu Hau Giang Seafood Co., Ltd.
Case number: A-552-802-004
Note to CBP: Where “Minh” in the name “Minh Phu Seafood Corp.” is misspelled as “Mihn,” please consider them as the same entity.

2. In accordance with the settlement agreement discussed in paragraph 1, for all shipments of certain frozen warmwater shrimp from the Socialist Republic of Vietnam exported by the Minh Phu Group, imported by or sold to (as indicated on the commercial invoice or Customs documentation) any firm other than Mseafood Corporation and entered, or withdrawn from warehouse, for consumption during the period 02/01/2016 through 07/17/2016, liquidate the entries at the cash deposit or bonding rate in effect at the time of entry.

3. Liquidation instructions for shipments of certain frozen warmwater shrimp from the Socialist Republic of Vietnam exported by the Minh Phu Group, imported by or sold to (as indicated on the commercial invoice or Customs documentation) Mseafood Corporation and entered, or withdrawn from warehouse, for consumption during the period 02/01/2016 through 07/17/2016, will be issued in separate liquidation messages.

4. The notice of lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 2 occurred with the publication of the notice of the settlement agreement referenced in paragraph 1 (see 81 FR 47758, 07/22/2016). 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 or bonds 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 statement, as described in section 351.402(f)(2) of Commerce's regulations. The importer should provide the reimbursement statement prior to liquidation of the entry. If the importer certifies that it has an agreement with the producer, seller, or exporter, to be reimbursed antidumping duties, CBP shall double the antidumping duties in accordance with the above-referenced regulation. Additionally, if the importer does not provide the reimbursement statement prior to liquidation, reimbursement shall be presumed and CBP shall double the antidumping duties due. If an importer timely files a protest challenging the presumption of reimbursement and doubling of duties, consistent with CBP's protest process, CBP may accept the reimbursement statement filed with the protest to rebut the presumption of reimbursement.

8. 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:IG.)

9. There are no restrictions on the release of this information.

Alexander Amdur