- Effective Date: Mar 21, 2022
- Period of Review: Aug 01, 2019 to Jul 31, 2020
- Notice of Lifting of Suspension Date: Mar 21, 2022
- Cite as: 87 FR 15912
Cite date: Mar 21, 2022
1a.
Commerce determined that the below firms had no shipments of certain frozen fish fillets from the Socialist Republic of Vietnam during the period 08/01/2019 through 07/31/2020.
Therefore, pursuant to the publication of the final results of review (87 FR 15912, 03/21/2022) and as a result of Commerce's clarification of its assessment regulation (10/24/2011, 76 FR 65694), for all shipments of certain frozen fish fillets from the Socialist Republic of Vietnam exported by the firms below, entered, or withdrawn from warehouse, for consumption during the period 08/01/2019 through 07/31/2020, entered under the case numbers below, assess antidumping duties at the Vietnam-wide rate.
The Vietnam-wide rate is 2.39 dollars per kilogram:
Exporter:
Exporter:
QVD Food Company Ltd.
Case Number:
A-552-801-009
(Note: The final results notice (87 FR 15912, 03/21/2022) referenced this company as "QVD Food Company Ltd. (aka QVD, QVD Food Co., Ltd., or QVD Aquaculture); QVD Dong Thap Food Co., Ltd.; and Thuan Hung Co., Ltd.")
Exporter:
Nam Viet Corporation
Case Number:
A-552-801-047
(Note: The final results notice (87 FR 15912, 03/21/2022) referenced this company as "Nam Viet Corporation (aka NAVICO)")
Exporter:
Vinh Quang Fisheries Corporation
Case Number:
A-552-801-051
(Note: The final results notice (87 FR 15912, 03/21/2022) referenced this company as "Vinh Quang Fisheries Corporation (aka Vinh Quang, Vinh Quang Fisheries Corp., Vinh Quang Fisheries Joint Stock Company, or Vinh Quang Fisheries Co., Ltd.)")
Exporter:
Hung Vuong Group
Case Number:
A-552-801-057
(Note: The final results notice (87 FR 15912, 03/21/2022) referenced this company as "Hung Vuong Group" which is a single entity comprised of the following individual companies: (1) An Giang Fisheries Import and Export Joint Stock Company; (2) Asia Pangasius Company Limited; (3) Hung Vuong Ben Tre Seafood Processing Company Limited; (4) Europe Joint Stock Company; (5) Hung Vuong-Sa Dec Co., Ltd.; (6) Hung Vuong-Vinh Long Co. Ltd.; (7) Hung Vuong Corporation; and (8) Hung Vuong Mascato Company Limited.")
Exporter:
C.P. Vietnam Corporation
Case Number:
A-552-801-069
Exporter:
Dai Thanh Seafoods Company Limited
Case Number:
A-552-801-070
(Note: The final results notice (87 FR 15912, 03/21/2022) referenced this company as "Dai Thanh Seafoods Company Limited (aka DATHACO)")
Exporter:
Hai Huong Seafood Joint Stock Company
Case Number:
A-552-801-078
(Note: The final results notice (87 FR 15912, 03/21/2022) referenced this company as "Hai Huong Seafood Joint Stock Company (aka HHFish, HH Fish, or Hai Huong Seafood)")
Exporter:
Cafatex Corporation
Case Number:
A-552-801-080
(Note: The final results notice (87 FR 15912, 03/21/2022) referenced this company as "Cafatex Corporation (aka Cafatex)")
Exporter:
Cantho Import Export Seafood Joint Stock Company (CASEAMEX); Can Tho Import-Export Joint Stock Company; Can Tho Import Export Seafood Joint Stock Company
Case Number:
A-552-801-082
(Note: The final results notice (87 FR 15912, 03/21/2022) referenced this company as "Cantho Import-Export Seafood Joint Stock Company (aka CASEAMEX, Cantho Import Export Seafood Joint Stock Company, Cantho Import-Export Joint Stock Company, Can Tho Import Export Seafood Joint Stock Company, Can Tho Import-Export Seafood Joint Stock Company, or Can Tho Import-Export Joint Stock Company)")
Exporter:
Ben Tre Forestry and Aquaproduct Import-Export Joint Stock Company (aka Faquimex, or Ben Tre)
Case Number:
This company did not have a case number during the period.
Entries may have come in under A-552-801-000.
Exporter:
Colorado Boxed Beef Company (aka CBBC)
Case Number:
This company did not have a case number during the period.
Entries may have come in under A-552-801-000.
Exporter:
PREFCO Distribution LLC
Case Number:
This company did not have a case number during the period.
Entries may have come in under A-552-801-000.
Exporter:
QMC Foods, Inc.
Case Number:
This company did not have a case number during the period.
Entries may have come in under A-552-801-000.
Exporter:
Riptide Foods
Case Number:
This company did not have a case number during the period.
Entries may have come in under A-552-801-000.
Exporter:
The Great Fish Company LLC
Case Number:
This company did not have a case number during the period.
Entries may have come in under A-552-801-000.
1b.
A summons was filed in the U.S. Court of International Trade (Court) to contest the final results of the underlying administrative review.
Accordingly, unless instructed otherwise, CBP should not liquidate entries covered by this message that were exported by companies listed above until 95 days after the notice of lifting of suspension identified in this message, to ensure the entries are not liquidated prior to the expiration of the time parties have to file a request for a statutory injunction.
Instructions will be issued if the Court issues a statutory injunction.
2.
Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by this message occurred with the publication of the final results of administrative review (87 FR 15912, 03/21/2022).
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.
3.
There are no injunctions applicable to the entries covered by this instruction.
4.
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.
5.
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.
6.
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.
7.
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:JB.)
8.
There are no restrictions on the release of this information.
Alexander Amdur