- Effective Date: Oct 11, 2022
- Period of Review: Aug 01, 2021 to Jul 31, 2022
- Notice of Lifting of Suspension Date: Oct 11, 2022
- Cite as: 87 FR 61278
Cite date: Oct 11, 2022
1.
Commerce does not automatically conduct administrative reviews of antidumping duty orders.
Instead, reviews must be requested pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended, and in accordance with 19 CFR 351.213.
2.
Commerce has not received a request for an administrative review of the antidumping duty order for the period and on the merchandise identified below except for the firms listed in paragraph 3.
Therefore, in accordance with 19 CFR 351.212(c), you are to liquidate all entries for all firms except those listed in paragraph 3 and assess antidumping duties on merchandise entered, or withdrawn from warehouse, for consumption at the cash deposit or bonding rate in effect on the date of entry.
Product:
Certain Frozen Fish Fillets
Country:
The Socialist Republic of Vietnam
Case number:
A-552-801
Period:
08/01/2021 through 07/31/2022
3.
Entries of merchandise of the firms listed below should not be liquidated until specific instructions are issued.
Continue to suspend liquidation of all entries of merchandise exported by the listed firms entered, or withdrawn from warehouse, for consumption during the period 08/01/2021 through 07/31/2022.
Company:
Vietnam-wide Entity
Case number:
A-552-801-000
Company:
QVD Food Co. Ltd./QVD Dong Thap Food Co., Ltd./Thuan Hung Co., Ltd.
Case Number:
A-552-801-009
(Note: The initiation notice (87 FR 61278, 10/11/2022) referenced this company as "QVD Food Co., Ltd."; "QVD Dong Thap Food Co., Ltd. (also known as Dong Thap or QVD DT)"; and "Thuan Hung Co., Ltd. (also known as THUFICO)")
Company:
Viet Hai Seafood Co./Vietnam Fish-One Co., Ltd.
Case Number:
A-552-801-010
Entries may also have been made under A-552-801-000.
(Note: The initiation notice (87 FR 61278, 10/11/2022) referenced this company as "Viet Hai Seafood Company Limited (also known as Viet Hai, Viet Hai Seafood Co., Ltd., Viet Hai Seafood Co., Vietnam Fish-One Co., Ltd., or Fish One)")
Company:
Southern Fishery Industries Company, Ltd./Southern Fisheries Industries Company Limited/South Vina
Case Number:
A-552-801-028
Entries may also have been made under A-552-801-000.
(Note: The initiation notice (87 FR 61278, 10/11/2022) referenced this company as "Southern Fishery Industries Company, Ltd. (also known as South Vina, South Vina Co., Ltd., Southern Fishery Industries Co., Ltd., Southern Fisheries Industries Company, Ltd., or Southern Fisheries Industries Company Limited)")
Company:
Bien Dong Seafood Co., Ltd.
Case Number:
A-552-801-034
(Note: The initiation notice (87 FR 61278, 10/11/2022) referenced this company as "Bien Dong Seafood Company Ltd. (also known as Bien Dong, Bien Dong Seafood, Bien Dong Seafood Co., Ltd., Biendong Seafood Co., Ltd., Bien Dong Seafood Limited Liability Company or Bien Dong Seafoods Co., Ltd.)")
Company:
Nam Viet Corporation
Case Number:
A-552-801-047
(Note: The initiation notice (87 FR 61278, 10/11/2022) referenced this company as "Nam Viet Corporation (also known as NAVICO)")
Company:
NTSF Seafoods Joint Stock Company
Case Number:
A-552-801-048
(Note: The initiation notice (87 FR 61278, 10/11/2022) referenced this company as "NTSF Seafoods Joint Stock Company (also known as NTSF, NTSF Seafoods or Ntsf Seafoods Jsc)")
Company:
Vinh Quang Fisheries Corporation
Case Number:
A-552-801-051
(Note: The initiation notice (87 FR 61278, 10/11/2022) referenced this company as "Vinh Quang Fisheries Corporation (also known as Vinh Quang, Vinh Quang Fisheries Corp., Vinh Quang Fisheries Joint Stock Company, or Vinh Quang Fisheries Co., Ltd.)")
Company:
Hung Vuong Corporation/Hung Vuong Joint Stock Company/An Giang Fisheries Import and Export Joint Stock Company/Asia Pangasius Company Limited/Europe Joint Stock Company/Hung Vuong Co., Ltd./Hung Vuong Ben Tre Seafood Processing Co., Ltd./Hung Vuong Mascato Company Limited/Hung Vuong Sa Dec Co., Ltd./Hung Vuong - Vinh Long Co., Ltd.
Case Number:
A-552-801-057
(Note: The initiation notice (87 FR 61278, 10/11/2022) referenced this company as "Hung Vuong Corporation (also known as Hung Vuong Joint Stock Company, HVC or HV Corp.)"; "An Giang Fisheries Import and Export Joint Stock Company (also known as Agifish, An Giang Fisheries Import and Export, An Giang Fisheries Import & Export Joint Stock Company)"; "Asia Pangasius Company Limited (also known as ASIA)"; "Europe Joint Stock Company (also known as Europe, Europe JSC or EJS CO.)"; "Hung Vuong Ben Tre Seafood Processing Company Limited (also known as Ben Tre, HVBT, or HVBT Seafood Processing)"; "Hung Vuong Mascato Company Limited (also known as Mascato)"; "Hung Vuong-Sa Dec Co., Ltd. (also known as Sa Dec or Hung Vuong Sa Dec Company Limited)"; "Hung Vuong-Vinh Long Co., Ltd. (also known as Vinh Long or Hung Vuong Vinh Long Company Limited)")
Company:
Green Farms Seafood Joint Stock Company
Case Number:
A-552-801-062
(Note: The initiation notice (87 FR 61278, 10/11/2022) referenced this company as "Green Farms Seafood Joint Stock Company (also known as Green Farms, Green Farms Seafood JSC, GreenFarm SeaFoods Joint Stock Company, or Green Farms Seafoods Joint Stock Company)")
Company:
To Chau Joint Stock Company
Case Number:
A-552-801-066
Entries may also have been made under A-552-801-000.
(Note: The initiation notice (87 FR 61278, 10/11/2022) referenced this company as "To Chau Joint Stock Company (also known as TOCHAU, TOCHAU JSC, or TOCHAU Joint Stock Company)")
Company:
C.P. Vietnam Corporation
Case Number:
A-552-801-069
(Note: The initiation notice (87 FR 61278, 10/11/2022) referenced this company as "C.P. Vietnam Corporation (also known as C.P. Vietnam Corp.)")
Company:
Dai Thanh Seafoods Company Limited
Case Number:
A-552-801-070
(Note: The initiation notice (87 FR 61278, 10/11/2022) referenced this company as "Dai Thanh Seafoods Company Limited (also known as DATHACO, Dai Thanh Seafoods or Dai Thanh Seafoods Co., Ltd.)")
Company:
Fatifish Company Limited
Case Number:
A-552-801-071
(Note: The initiation notice (87 FR 61278, 10/11/2022) referenced this company as "Fatifish Company Limited (also known as FATIFISH or FATIFISHCO or Fatfish Co., Ltd.)")
Company:
GODACO Seafood Joint Stock Company
Case Number:
A-552-801-072
(Note: The initiation notice (87 FR 61278, 10/11/2022) referenced this company as "GODACO Seafood Joint Stock Company (also known as GODACO, GODACO Seafood, GODACO SEAFOOD, GODACO_SEAFOOD, or GODACO Seafood J.S.C.)")
Company:
Hai Huong Seafood Joint Stock Company
Case Number:
A-552-801-078
(Note: The initiation notice (87 FR 61278, 10/11/2022) referenced this company as "Hai Huong Seafood Joint Stock Company (also known as HHFish, HH Fish, or Hai Huong Seafood)")
Company:
CAFATEX Corporation
Case Number:
A-552-801-080
(Note: The initiation notice (87 FR 61278, 10/11/2022) referenced this company as "Can Tho Animal Fishery Products Processing Export Enterprise (also known as Cafatex Corporation, or Cafatex)")
Company:
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 initiation notice (87 FR 61278, 10/11/2022) referenced this company as "Cantho Import-Export Seafood Joint Stock Company (also known as 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)")
Company:
Vinh Hoan Corporation/Van Duc Food Export Joint Stock Company/Van Duc Tien Giang Food Export Company/Thanh Binh Dong Thap One Member Company Limited/Vinh Phuoc Food Company Limited
Case Number:
A-552-801-083
(Note: The initiation notice (87 FR 61278, 10/11/2022) referenced this company as "Vinh Hoan Corporation"; "Thanh Binh Dong Thap One Member Company Limited (also known as Thanh Binh Dong Thap or Thanh Binh Dong Thap Ltd.)"; "Van Duc Food Export Joint Stock Company (also known as Van Duc)"; "Van Duc Tien Giang Food Export Company (also known as VDTG or Van Duc Tien Giang Food Exp. Co.)"; "Vinh Phuoc Food Company Limited (also known as Vinh Phuoc or VP Food)")
Company:
East Sea Seafoods LLC
Case Number:
A-552-801-084
Entries may also have been made under A-552-801-000.
(Note: The initiation notice (87 FR 61278, 10/11/2022) referenced this company as "East Sea Seafoods LLC (also known as East Sea Seafoods Limited Liability Company, ESS LLC, ESS, ESS JVC, or East Sea Seafoods Joint Venture Co., Ltd.)")
No case number was in place during the period of review for the companies listed below.
Entries may have been made under A-552-801-000 or other company-specific numbers.
Company:
An Chau Co., Ltd.
Company:
An Giang Agriculture and Food Import-Export Joint Stock Company (also known as Afiex or An Giang Agriculture and Foods Import-Export Joint Stock Company)
Company:
An Hai Fishery Ltd. Co.
Company:
An My Fish Joint Stock Company (also known as Anmyfish, Anmyfishco or An My Fish Joint Stock)
Company:
An Phat Import-Export Seafood Co., Ltd. (also known as An Phat Seafood Co. Ltd. or An Phat Seafood, Co., Ltd.)
Company:
An Phu Seafood Corp. (also known as ASEAFOOD or An Phu Seafood Corp.)
Company:
Anchor Seafood Corp.
Company:
Anvifish Joint Stock Company (also known as Anvifish, Anvifish JSC, or Anvifish Co., Ltd.)
Company:
Asia Commerce Fisheries Joint Stock Company (also known as Acomfish JSC or Acomfish)
Company:
Basa Joint Stock Company (also known as BASACO)
Company:
Ben Tre Aquaproduct Import and Export Joint Stock Company (also known as Bentre Aquaproduct, Bentre Aquaproduct Import & Export Joint Stock Company or Aquatex Bentre)
Company:
Bentre Forestry and Aquaproduct Import Export Joint Stock Company (also known as Bentre Forestry and Aquaproduct Import and Export Joint Stock Company, Ben Tre Forestry and Aquaproduct Import-Export Company, Ben Tre Forestry Aquaproduct Import-Export Company, Ben Tre Frozen Aquaproduct Export Company or Faquimex)
Company:
Bentre Seafood Jsc.
Company:
Bien Dong Hau Giang Seafood Joint Stock Company (also known as Bien Dong HG or Bien Dong Hau Giang Seafood Joint Stock Co.)
Company:
Binh An Seafood Joint Stock Company (also known as Binh An or Binh An Seafood Joint Stock Co.)
Company:
Binh Dinh Garment Joint Stock Co.
Company:
Binh Dinh Import Export Company (also known as Binh Dinh Import Export Joint Stock Company, or Binh Dinh)
Company:
Ca Mau Frozen Seafood Processing Import Export Corporation.
Company:
Cadovimex II Seafood Import-Export and Processing Joint Stock Company (also known as Cadovimex II, Cadovimex II Seafood Import Export and Processing Joint Stock Company, or Cadovimex II Seafood Import-Export)
Company:
Cantho Imp. Exp. Seafood
Company:
Cantho Import Export Fishery Limited
Company:
Cavina Seafood Joint Stock Company (also known as Cavina Fish or Cavina Seafood Jsc)
Company:
Cds Overseas Vietnam Co., Ltd.
Company:
Co May Imp. Exp. Co.
Company:
Colorado Boxed Beef Company (also known as CBBC)
Company:
Coral Triangle Processors (dba Mowi Vietnam Co., Limited (Dong Nai))
Company:
Cuu Long Fish Import-Export Corporation (also known as CL Panga Fish or Cuu Long Fish Imp. Exp. Corporation)
Company:
Cuu Long Fish Joint Stock Company (also known as CL-Fish, CL-FISH CORP, or Cuu Long Fish Joint Stock Company)
Company:
Cuu Long Seapro
Company:
Da Nang Seaproducts Import-Export Corporation (also known as SEADANANG, Da Nang or Da Nang Seaproducts Import/Export Corp.)
Company:
Dai Tien Vinh Co., Ltd.
Company:
Dong Phuong Co., Ltd.
Company:
Dong Phuong Import Export Seafood Company Limited (also known as Dong Phuong Export Seafood Limited, Dong Phuong Seafood Company Limited, or aFishDeal)
Company:
Dragonwaves Frozen Food Factory Co., Ltd.
Company:
Europe Trading Co., Ltd.
Company:
GF Seafood Corp.
Company:
Gia Minh Co. Ltd.
Company:
Go Dang An Hiep One Member Limited Company
Company:
Go Dang Ben Tre One Member Limited Liability Company
Company:
Gold Future Imp. Exp.
Company:
Golden Quality Seafood Corporation (also known as Golden Quality, GoldenQuality, GOLDENQUALITY, or GoldenQuality Seafood Corporation)
Company:
GreenFeed Vietnam Corporation
Company:
Ha Noi Can Tho Seafood Jsc.
Company:
Hai Thuan Nam Co Ltd.
Company:
Hai Trieu Co., Ltd.
Company:
Hasa Seafood Corp. (Hasaco)
Company:
Hiep Thanh Seafood Joint Stock Company (also known as Hiep Thanh or Hiep Thanh Seafood Joint Stock Co.)
Company:
Hoa Phat Seafood Import-Export and Processing J.S.C. (also known as HOPAFISH, Hoa Phat Seafood Import-Export and Processing Joint Stock Company, Hoa Phat Seafood Import-Export and Processing JSC, or Hoa Phat Seafood Imp. Exp. And Processing)
Company:
Hoang Long Seafood Processing Company Limited (also known as HLS, Hoang Long, Hoang Long Seafood, HoangLong Seafood, or Hoang Long Seafood Processing Co., Ltd.)
Company:
Hong Ngoc Seafood Co., Ltd.
Company:
Hung Phuc Thinh Food Jsc.
Company:
Hung Vuong Seafood Joint Stock Company
Company:
Hung Vuong
Company:
Hung Vuong-Mien Tay Aquaculture Corporation (HVMT or Hung Vuong Mien Tay Aquaculture Joint Stock Company)
Company:
Hungca Co., Ltd.
Company:
I.D.I International Development and Investment Corporation (also known as IDI, International Development & Investment Corporation, International Development and Investment Corporation, or IDI International Development & Investment Corporation)
Company:
Indian Ocean One Member Company Limited (also known as Indian Ocean Co., Ltd. or Indian Ocean One Member Co., Ltd.)
Company:
Jk Fish Jsc.
Company:
Lian Heng Investment Co. Ltd. (also known as Lian Heng or Lian Heng Investment)
Company:
Lian Heng Trading Co. Ltd. (also known as Lian Heng or Lian Heng Trading)
Company:
Loc Kim Chi Seafood Joint Stock Company (also known as Loc Kim Chi)
Company:
Mekong Seafood Connection Co., Ltd.
Company:
Minh Phu Hau Giang Seafood Corp.
Company:
Minh Phu Seafood Corp.
Company:
Minh Qui Seafood Co., Ltd.
Company:
Nam Phuong Seafood Co., Ltd. (also known as Nam Phuong, NAFISHCO, Nam Phuong Seafood, or Nam Phuong Seafood Company Ltd.)
Company:
New Food Import, Inc.
Company:
Ngoc Ha Co. Ltd. Food Processing and Trading (also known as Ngoc Ha or Ngoc Ha Co., Ltd. Foods Processing and Trading)
Company:
Ngoc Tri Seafood Joint Stock.
Company:
Nguyen Tran Seafood Company (also known as Nguyen Tran J-S Co)
Company:
Nha Trang Seafoods, Inc. (also known as Nha Trang Seafoods-F89, Nha Trang Seafoods, or Nha Trang Seaproduct Company)
Company:
NTACO Corporation (also known as NTACO or NTACO Corp.)
Company:
Phu Thanh Co., Ltd.
Company:
Phu Thanh Hai Co. Ltd. (also known as PTH Seafood)
Company:
Phuc Tam Loi Fisheries Imp.
Company:
PREFCO Distribution, LLC
Company:
Pufong Trading And Service Co.
Company:
QMC Foods, Inc.
Company:
Qn Seafood Co., Ltd.
Company:
Quang Minh Seafood Company Limited (also known as Quang Minh, Quang Minh Seafood Co., Ltd., or Quang Minh Seafood Co.)
Company:
Quirch Foods, LLC
Company:
Riptide Foods
Company:
Saigon-Mekong Fishery Co., Ltd. (also known as SAMEFICO or Saigon Mekong Fishery Co., Ltd.)
Company:
Seafood Joint Stock Company No. 4 (also known as SEAPRIEXCO No. 4)
Company:
Seafood Joint Stock Company No. 4 Branch Dongtam Fisheries Processing Company (also known as DOTASEAFOODCO or Seafood Joint Stock Company No. 4-Branch Dong Tam Fisheries Processing Company)
Company:
Seavina Joint Stock Company (also known as Seavina)
Company:
Sobi Co., Ltd.
Company:
Song Bien Co., Ltd.
Company:
Sunrise Corporation.
Company:
Tam Le Food Co., Ltd.
Company:
Tan Thanh Loi Frozen Food Co., Ltd.
Company:
TG Fishery Holdings Corporation (also known as TG or Tg Fishery Holdings Corp.)
Company:
Thanh Binh Dong Thap One Member Company Limited (also known as Thanh Binh Dong Thap or Thanh Binh Dong Thap Ltd.)
Company:
Thanh Dat Food Service And Trading
Company:
Thanh Hung Co., Ltd. (also known as Thanh Hung Frozen Seafood Processing Import Export Co., Ltd. or Thanh Hung)
Company:
Thanh Phong Fisheries Corp.
Company:
The Great Fish Company, LLC
Company:
Thien Ma Seafood Co., Ltd. (also known as THIMACO, Thien Ma, Thien Ma Seafood Company, Ltd., or Thien Ma Seafoods Co., Ltd.)
Company:
Thinh Hung Co., Ltd.
Company:
Thuan An Production Trading and Service Co., Ltd. (also known as TAFISHCO, Thuan An Production Trading and Services Co., Ltd., or Thuan An Production Trading & Service Co., Ltd.)
Company:
Thuan Nhan Phat Co., Ltd.
Company:
Thuan Phuoc Seafoods and Trading Corporation
Company:
Trang Thuy Seafood Co., Ltd.
Company:
Trinity Vietnam Co., Ltd.
Company:
Trong Nhan Seafood Co., Ltd.
Company:
Truong Phat Seafood Jsc.
Company:
Van Y Corp.
Company:
Viet Long Seafood Co., Ltd.
Company:
Viet Phat Aquatic Products Co., Ltd.
Company:
Viet Phu Foods and Fish Corporation (also known as Vietphu, Viet Phu, Viet Phu Food and Fish Corporation, Viet Phu Foods & Fish Co., Ltd., or Viet Phu Food & Fish Corporation)
Company:
Vietnam Seaproducts Joint Stock Company (also known as Seaprodex or Vietnam Seafood Corporation-Joint Stock Company)
Company:
Vif Seafood Factory
Company:
Vinh Long Import-Export Company (also known as Vinh Long, Imex Cuu Long, Vinh Long Import/Export Company)
Company:
Vinh Phuoc Food Company Limited (also known as Vinh Phuoc or VP Food)
CBP officers must also examine entries under A-552-801-000 and all existing company-specific case numbers to ensure the continued suspension of liquidation of entries during the applicable period of review for the exporters listed above.
4.
There are no injunctions applicable to the entries covered by this instruction.
5.
Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 2 occurred with the publication of the notice of initiation of administrative review for the 08/2022 anniversary month (87 FR 61278, 10/11/2022).
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.
6.
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.
7.
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.
8.
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.
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 OV:JB.)
10.
There are no restrictions on the release of this information.
Alexander Amdur