• Effective Date: Jul 01, 2001
  • Period of Review: Jul 01, 2000 to Jun 30, 2001
  • Notice of Lifting of Suspension Date: Jul 25, 2003
  • Cite as: 68 FR 44043 • Cite date: Jul 25, 2003

1. For all unliquidated entries of fresh Atlantic salmon from Chile produced and/or exported by , Cultivadora de Salmones Linao Ltds or Salmones Tecmar S.A. entered, or withdrawn from warehouse, for consumption during the period 07/01/2000 through 06/30/2001, and not covered by the message number 3099203 dated 04/09/2003, assess antidumping duties at the cash deposit rate in effect on the date of entry: Such entries may have entered under A-337-803-000, A-337-803-012, or A-337-803-013.

2. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 1 occurred with the publication of the final results of antidumping duty changed circumstances review, revocation of order, and rescission of administrative review (68 FR 44043 dated 07/25/2003). Effective 07/01/2001, the antidumping duty order on fresh Atlantic salmon from Chile was revoked and Customs and Border Protection (CBP) was directed to terminate the suspension of liquidation of entries on or after 07/01/2001.

3. There are no injunctions applicable to the entries covered by this instruction

4. The assessment of antidumping duties by CBP on entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930. Section 778 requires that CBP pay interest on overpayments and 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 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 statement, as described in section 351.402(f)(2) of Commerce Department 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 manufacturer, 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, CBP should presume and 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.

6. 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 CLU:GL.)

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

Alexander Amdur