AD/CVD message 7303307 - Liquidation instructions for certain frozen warmwater shrimp from India for the period 02/01/2012 through 01/31/2013 (A-533-840).

7303307
Oct 30, 2017
Active

Effective Date: Oct 10, 2017

Period of Review: Feb 01, 2012 to Jan 31, 2013

Notice of Lifting of Suspension Date: Oct 30, 2017

Cite as: 79 FR 51309 • Cite date: Aug 28, 2014

Category: Antidumping • Type: Liquidation Instructions • Sub type: CTDIS-Court ORD Dissolved • Reference messages: 4283307 • Cases: A-533-840 • Court Case: 14-00226

Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 3 below.

1. On 09/05/2017, the U.S. Court of Appeals for the Federal Circuit issued a mandate sustaining the decision of the U.S. Court of International Trade in the case of Apex Frozen Foods Private Limited, et al. v. United States (Court number 14-00226). As a result of this decision, the injunction to which message 4283307 refers enjoining liquidation of entries which are subject to the antidumping duty order on certain frozen warmwater shrimp from India for the period 02/01/2012 through 01/31/2013 produced and/or exported (as applicable) by the companies listed below dissolved on 10/10/2017.

2. For all shipments of certain frozen warmwater shrimp from India produced and/or exported (as applicable) by the companies below, and entered, or withdrawn from warehouse, for consumption during the period 02/01/2012 through 01/31/2013, assess an antidumping liability 2.49 percent of the entered value, unless paragraph 4 or 5 applies.

The companies listed below may not have had individual case numbers at the time of entry for the period, or a portion of the period, covered by these instructions. Shipments of merchandise from the exporters listed below may have been made under case number A-533-840-000, the number indicated below, or other company-specific case numbers.

Company Name: Nekkanti Sea Foods Limited
Case Number: A-533-840-003

Company Name: The Kadalkanny Group (The Kadalkanny Group includes: Diamond Seafoods Exports, Edhayam Frozen Foods Pvt. Ltd., Kaldalkanny Frozen Foods, and Theva & Company) Case Number: A-533-840-032

Company Name: Liberty Group (The Liberty Group includes: Devi Marine Food Exports Private Ltd., Kader Exports Private Limited, Kader Investment and Trading Company Private Limited, Liberty Frozen Foods Pvt. Ltd., Liberty Oil Mills Ltd., Premier Marine Products, and Universal Cold Storage Private Limited)
Case Number: A-533-840-036

Company Name: Mangala Marine Exim India Pvt. Ltd.
Case Number: A-533-840-041

Nila Sea Foods Pvt. Ltd.
Case Number: A-533-840-048

Penver Products (P) Ltd. AKA Penver Products Pvt. Ltd.
Case Number: A-533-840-050

The Ananda Group (The Ananda Group includes: Ananda Aqua Applications, Ananda Aqua Exports (P) Limited, and Ananda Foods)
Case Number: A-533-840-076
Note: Entries may have been made under A-533-840-077.

Asvini Fisheries Private Limited
Case Number: A-533-840-088

Avanti Feeds Limited
Case Number: A-533-840-089
Note: Effective 12/15/2016, Avanti Frozen Foods Private Limited (A-533-840-397) is the successor-in-interest to Avanti Feeds Limited.

Bluepark Seafoods Pvt. Ltd. AKA Bluepark Seafoods Private Ltd.
Case Number: A-533-840-095

Choice Canning Company
Case Number: A-533-840-101

Choice Trading Corporation Pvt. Ltd. AKA Choice Trading Corporation Private Limited
Case Number: A-533-840-102

Five Star Marine Exports Private Limited
Case Number: A-533-840-114

GVR Exports Pvt. Ltd.
Case Number: A-533-840-117

Jaya Lakshmi Sea Foods Pvt. Ltd. AKA Jayalakshmi Sea Foods Private Limited
Case Number: A-533-840-134
Note: Entries may have been made under A-533-840-265.

Sagar Grandhi Exports Pvt. Ltd. AKA Sagar Grandhi Exports Private Limited AKA Sagar Grandhi Exports (P) Ltd.
Case Number: A-533-840-182

SAI Marine Exports Pvt. Ltd.
Case Number: A-533-840-184

Sandhya Marines Limited
Case Number: A-533-840-187

Sprint Exports Pvt. Ltd.
Case Number: A-533-840-202

Star Agro Marine Exports Private Limited
Case Number: A-533-840-205

Wellcome Fisheries Limited
Case Number: A-533-840-223

BMR Exports
Case Number: A-533-840-237

Jagadeesh Marine Exports
Case Number: A-533-840-263

SAI Sea Foods AKA Sai Seafoods
Case Number: A-533-840-291

Suryamitra Exim (P) Ltd. AKA Suryamitra Exim Pvt. Ltd.
Case Number: A-533-840-304

Apex Frozen Foods Private Limited
Case Number: A-533-840-347

3. These instructions constitute notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 2. Accordingly, notice of the lifting of suspension of liquidation occurred on the message date of these instructions. Unless instructed otherwise, for all other shipments of frozen warmwater shrimp from India you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.

4. Separate liquidation instructions will follow for entries of merchandise produced and/or exported by Devi Fisheries Group (The Devi Fisheries Group includes: Devi Fisheries Limited, Satya Seafoods Private Limited, and Usha Seafoods), entered, or withdrawn from warehouse, for consumption during the period 02/01/2012 through 01/31/2013.

5. Separate liquidation instructions will also follow for entries of merchandise produced and/or exported by Falcon Marine Exports Limited/K.R. Enterprises, entered, or withdrawn from warehouse, for consumption during the period 02/01/2012 through 01/31/2013.

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

7. 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.

8. 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.

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 OII:MR.)

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

Alexander Amdur