• Period Covered: 08/04/2004 to 01/31/2006

MESSAGE NO: 7303207 DATE: 10 30 2007
CATEGORY: ADA TYPE: LIQ
REFERENCE: 7292214 REFERENCE DATE: 10 19 2007
CASES: A - 331 - 802 - -
- - - -
- - - -

PERIOD COVERED: 08 04 2004 TO 01 31 2006

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR CERTAIN FROZEN WARMWATER
SHRIMP FROM ECUADOR PRODUCED OR EXPORTED BY DOBLERTEL,
S.A. AND SOCIEDAD ATLANTICO PACIFICO (A-331-802-000)

1. FOR ALL SHIPMENTS OF CERTAIN FROZEN WARMWATER SHRIMP FROM
ECUADOR PRODUCED OR EXPORTED BY THE FOLLOWING COMPANIES, AND
ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE
PERIOD 08/04/2004 THROUGH 01/31/2006, ASSESS AN ANTIDUMPING
LIABILITY OF 35.00 PERCENT OF THE ENTERED VALUE, EXCEPT IF
PARAGRAPH 2 IS APPLICABLE:

MFR/PRODUCER CUSTOMS ID
EXPORTER NUMBER

DOBLERTEL, S.A. A-331-802-000
SOCIEDAD ATLANTICO PACIFICO, S.A. A-331-802-000

PLEASE NOTE THAT ENTRIES RELATED TO MESSAGE 7292214 (I.E.,
ENTRIES OF MERCHANDISE PRODUCED OR EXPORTED BY THE COMPANIES
LISTED IN THAT MESSAGE) ARE NOT COVERED BY THESE INSTRUCTIONS.

2. IF A BOND OR CASH DEPOSIT WAS COLLECTED AS SECURITY FOR AN
ESTIMATED ANTIDUMPING DUTY FOR ANY SHIPMENT OF MERCHANDISE
DESCRIBED IN PARAGRAPH 1 THAT WAS ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 08/04/2004 THROUGH
01/26/2005, ASSESS A DUMPING LIABILITY EQUAL TO 35.00 PERCENT OF
THE ENTERED CBP VALUE OR EQUAL TO THE AMOUNT OF THE BOND OR CASH
DEPOSIT, WHICHEVER IS LESS.

3. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES
OF SUBJECT MERCHANDISE DURING THE PERIOD 08/04/2004 THROUGH
01/31/2006 OCCURRED WITH THE PUBLICATION OF THE FINAL RESULTS OF
ADMINISTRATIVE REVIEW (72 FR 52070, SEPTEMBER 12, 2007).


4. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER
PROTECTION 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 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 SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED
IN SECTION 351.402(f)(2) OF THE 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 SHOULD 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
REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE.

6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD
OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY O2:GJB).

7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

ANNE MARICICH