Notice of the lifting of suspension occurred on the message date of these instructions.
See paragraph 5 below.
On 11/07/2018, the Court of Appeals for the Federal Circuit issued a final decision in the case of Tri Union Frozen Products, Inc. et al., v. United States (consolidated court number 14-00249).
As a result of this decision, the injunction (to which message 4301302 dated 10/28/2014, applies)applicable to the shipments exported by certain Vietnamese exporters of certain frozen warmwater shrimp, that were imported by or sold to (as indicated on the commercial invoice or Customs documentation) Tri Union Frozen Products, Inc., d.b.a. Chicken of the Sea Frozen Foods, a.k.a. Empress International Ltd; Mazzetta Company LLC; or Ore-Cal Corporation, and were entered, or withdrawn from warehouse, for consumption during the period 02/01/2012 through 01/31/2013, dissolved on 02/05/2019.
For all shipments of certain frozen warmwater shrimp from the Socialist Republic of Vietnam (A-552-802) imported by or sold to (as indicated on the commercial invoice or Customs documentation) Tri Union Frozen Products, Inc., d.b.a. Chicken of the Sea Frozen Foods, a.k.a. Empress International Ltd; Mazzetta Company LLC; or Ore-Cal Corporation, and entered, or withdrawn from warehouse, for consumption during the period 02/01/2012 through 01/31/2013, and not covered by the messages listed below:
Message 4325306 dated 11/21/2014;Message 9051302 dated 02/20/2019;Message 9051303 dated 02/20/2019; Message 9051304 dated 02/20/2019,
assess an antidumping liability equal to Vietnam-wide rate in effect on the date of entry.
The Vietnam-wide rate for certain frozen warmwater shrimp from the Socialist Republic of Vietnam is 25.76 percent.
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 occurred on the message date of these instructions.
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.
There are no injunctions applicable to the entries covered by this instruction.
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.
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.
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 O8:IG.)
There are no restrictions on the release of this information.