- Period of Review: Aug 01, 2015 to Jul 31, 2016
- Notice of Lifting of Suspension Date: Mar 03, 2022
- Cite as: 86 FR 55578
Cite date: Oct 06, 2021
Notice of the lifting of suspension occurred on the message date of these instructions.
See paragraph 3 below.
1. On 09/27/2021, the U.S. Court of International Trade issued a final decision in the case of GODACO Seafood Joint Stock Co. v. United States (consol. court no. 18-00063).
This case was appealed.
On February 16, 2022, the Court of Appeals for the Federal Circuit dismissed the appeal. The injunction to which messages 8114303, 8114304, 8114305, and 8114306 dated 04/24/2018 refer, enjoined entries which were: (1) exported by the companies listed in paragraph 2 below; (2) the subject of the Department of Commerce's final determination 83 Fed. Reg. 12717 (March 23, 2018); and (3) entered, or withdrawn from warehouse for consumption, on or after August 1, 2015 up to and including July 31, 2016.
As a result of the court's decision, the injunction to which messages 8114303, 8114304, 8114305, and 8114306 refer dissolved on 02/16/2022.
2.
For all shipments of certain frozen fish fillets from the Socialist Republic of Vietnam exported by the companies listed below, and entered, or withdrawn from warehouse, for consumption during the period 08/01/2015 through 07/31/2016, assess an antidumping liability equal to the rate per kilogram listed below.
Exporter:
Southern Fishery Industries Company, Ltd.; South Vina
Case Number: A-552-801-028
Importer or customer:
All importers or customers
Final rate: $0.89 per kilogram
Exporter:
Golden Quality Seafood Corporation
(Note:
The amended final results notice (86 FR 55578, 10/06/2021) referenced this company as "Golden Quality Seafood Corp.")
Case Number:
A-552-801-039
Importer or customer:
All importers or customers
Final rate: $2.39 per kilogram
Exporter:
NTSF Seafoods Joint Stock Company
Case Number:
A-552-801-048
Importer or customer:
All importers or customers
Final rate: $0.89 per kilogram
Exporter:
Vinh Quang Fisheries Corporation
Case Number:
A-552-801-051
Importer or customer:
All importers or customers
Final rate: $0.89 per kilogram
Exporter:
Hung Vuong Group:
a collapsed entity consisting of An Giang Fisheries Import and Export Joint Stock Company; Asia Pangasius Company Limited; Europe Joint Stock Company; Hun Vuong Ben Tre Seafood Processing Co., Ltd.; Hung Vuong Corporation; Hung Vuong Joint Stock Company; Hung Vuong Mascato Company Limited; Hung Vuong-Sa Dec Co., Ltd.; and Hung Vuong-Vinh Long Co., Ltd.
Case Number:
A-552-801-057
Importer or customer:
All importers or customers
Final rate: $0.89 per kilogram
Exporter:
Green Farms Seafood Joint Stock Company
Case Number:
A-552-801-062
Importer or customer:
All importers or customers
Final rate: $0.89 per kilogram
Exporter:
Can Tho Import-Export Joint Stock Company (CASEAMEX)
This exporter did not have a CBP case number during the period of review.
Importer or customer:
All importers or customers
Final rate: $0.89 per kilogram
Entries by the above companies may have entered under case number A-552-801-000.
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 occurred on the message date of these instructions.
Unless instructed otherwise, for all other shipments of certain frozen fish fillets from the Socialist Republic of Vietnam you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.
4.
There are no injunctions applicable to the entries covered by this instruction.
5.
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 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.
6.
Upon assessment of antidumping duties, CBP shall require that the importer provide a reimbursement certification in accordance with 19 CFR 351.402(f)(2) and as described under this paragraph:
a.
The importer must certify with CBP prior to liquidation (except as provided below) whether the importer has or has not been reimbursed or entered into any agreement or understanding for the payment or for the refunding to the importer by the manufacturer, producer, seller, or exporter for all or any part of the antidumping and/or countervailing duties, as appropriate.
Such certification should identify the commodity and country and contain the information necessary to link the certification to the relevant entry or entry line number(s).
b.
The certification may be filed either electronically or in paper in accordance with CBP's requirements, as applicable.
c.
If an importer does not provide its certification prior to liquidation, CBP may accept the certification in accordance with its protest procedures under 19 U.S.C. 1514, unless otherwise directed.
d.
Certifications are required for entries of the relevant commodity that have been imported on or after the date of publication of the antidumping notice in the Federal Register that first suspended liquidation in that proceeding.
e. Consistent with 19 CFR 351.402(f)(3), if an importer fails to file the certification, Commerce may presume that the importer was paid or reimbursed the antidumping or countervailing duties.
Therefore, if the importer does not provide the certification prior to liquidation (or as provided above), reimbursement of the duties shall be presumed.
Accordingly, if there is no certification with respect to the antidumping duty, CBP shall increase the antidumping duty by the amount of the antidumping duty.
In addition, if there is no certification with respect to any applicable countervailing duty, CBP shall increase the antidumping duty by the amount of the countervailing duty.
Further, if the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed antidumping duties, CBP shall increase the antidumping duty by the amount of the antidumping duty.
In addition, if the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed any applicable countervailing duties, CBP shall increase the antidumping duty by the amount of the countervailing duty.
7.
This instruction to liquidate entries covered by this message does not limit CBP's independent authority, including its authority to suspend, continue to suspend, or extend liquidation of entries addressed by this message.
Accordingly, CBP should examine all entries for which this message directs liquidation to determine whether any such entries are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's independent authority (e.g., Enforce and Protect Act under section 517 of the Tariff Act of 1930, as amended).
If entries of subject merchandise covered by this message are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's own authority, CBP port officials should follow CBP's internal procedures with respect to continuing any suspension, the lifting of suspension, and/or continuing any extension of liquidation for such entries.
8.
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 OV: BEB.)
9.
There are no restrictions on the release of this information.
Alexander Amdur