MESSAGE NO: 9293202
DATE: 10 20 2009
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 549 - 822
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PERIOD COVERED:
01 16 2009
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQ. INSTRUCTIONS BASED UPON PARTIAL REVOCATIONOF ADD
ON CERTAIN FROZEN WW SHRIMP FROM THAILAND PROD.OR EXP.
BY PHATTHANA OR SEA WEALTH (A-549-822) (RUBICON GROUP)
1. COMMERCE HAS REVOKED THE ANTIDUMPING DUTY ORDER ON CERTAIN
FROZEN WARMWATER SHRIMP FROM THAILAND IN PART AND PUBLISHED THE
REVOCATION IN THE FEDERAL REGISTER ON 10/13/2009.
THE PARTIAL
REVOCATION APPLIES TO ALL SUBJECT MERCHANDISE PRODUCED BY
PHATTHANA FROZEN FOOD CO., LTD. (A-549-822-057) OR SEA WEALTH
FROZEN FOOD CO., LTD. (A-549-822-061) AND EXPORTED BY ONE OF
THE COMPANIES IN THE RUBICON GROUP LISTED IN PARAGRAPH 2 BELOW.
THE PARTIAL REVOCATION ALSO APPLIES TO ALL SUBJECT MERCHANDISE
EXPORTED BY PHATTHANA FROZEN FOOD CO., LTD. OR SEA WEALTH
FROZEN FOOD CO., LTD. AND PRODUCED BY ONE OF THE COMPANIES IN
THE GROUP.
THE EFFECTIVE DATE OF THE REVOCATION IS 01/16/2009.
2. THEREFORE, CBP IS DIRECTED TO TERMINATE THE SUSPENSION OF
LIQUIDATION FOR ALL SHIPMENTS OF CERTAIN FROZEN WARMWATER
SHRIMP PRODUCED BY PHATTHANA FROZEN FOOD CO., LTD. OR SEA
WEALTH FROZEN FOOD CO., LTD. AND EXPORTED BY ONE OF THE
COMPANIES LISTED BELOW AND ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION, ON OR AFTER 01/16/2009.
CBP IS ALSO DIRECTED TO TERMINATE THE SUSPENSION OF LIQUIDATION
FOR ALL SHIPMENTS OF CERTAIN FROZEN WARMWATER SHRIMP PRODUCED BY
ONE OF THE COMPANIES LISTED BELOW AND EXPORTED BY PHATTHANA
FROZEN FOOD CO., LTD. OR SEA WEALTH FROZEN FOOD CO., LTD. AND
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION, ON OR
AFTER 01/16/2009.
ALL ENTRIES OF THE SUBJECT MERCHANDISE THAT WERE SUSPENDED ON OR
AFTER 01/16/2009 SHOULD BE LIQUIDATED WITHOUT REGARD TO ANTI-
DUMPING DUTIES (I.E., RELEASE ALL BONDS AND REFUND ALL CASH
DEPOSITS).
COMPANY:
ANDAMAN SEAFOOD CO., LTD.
CASE NUMBER:
A-549-822-001
COMPANY:
CHANTHABURI FROZEN FOOD COMPANY, LTD.
CASE NUMBER:
A-549-822-003
COMPANY:
CHANTHABURI SEAFOODS CO., LTD.
CASE NUMBER:
A-549-822-002
COMPANY:
INTERSIA FOODS CO., LTD.
CASE NUMBER:
A-549-822-073
COMPANY:
PHATTHANA FROZEN FOOD CO., LTD.
CASE NUMBER:
A-549-822-057
COMPANY:
PHATTHANA SEAFOOD CO., LTD.
CASE NUMBER:
A-549-822-004
COMPANY:
SEA WEALTH FROZEN FOOD CO., LTD.
CASE NUMBER:
A-549-822-061
COMPANY:
S.C.C. FROZEN SEAFOOD CO., LTD.
CASE NUMBER:
A-549-822-011
COMPANY:
THAILAND FISHERY COLD STORAGE PUBLIC CO., LTD.
CASE NUMBER:
A-549-822-007
COMPANY:
THAI INTERNATIONAL SEAFOOD CO., LTD.
CASE NUMBER:
A-549-822-006
COMPANY:
WALES & COMPANY UNIVERSE LTD.
CASE NUMBER:
A-549-822-009
COMPANY:
Y2K FROZEN FOOD CO., LTD.
CASE NUMBER:
A-549-822-010
2. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF
ENTRIES OF SUBJECT MERCHANDISE ENTERED, OR WITHDRAWN FROM
WAREHOUSE, ON OR AFTER 01/16/2009, OCCURRED WITH THE
PUBLICATION OF THE NOTICE OF REVOCATION IN THE FEDERAL REGISTER
(74 FR 52452, 10/13/2009).
3. 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.
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.
4. 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 THE 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:HA).
5. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CHRISTINE FURGASON