- Effective Date: Sep 20, 2024
- Period of Review: Aug 01, 2023 to Jul 31, 2024
- Notice of Lifting of Suspension Date: Sep 20, 2024
- Cite as: 89 FR 77079
Cite date: Sep 20, 2024
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all entries for all firms except those listed in paragraph 3 and assess antidumping duties on merchandise entered, or withdrawn from warehouse, for consumption at the cash deposit or bonding rate in effect on the date of entry.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:
08/01/2023 through 07/31/2024
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Continue to suspend liquidation of all entries of merchandise exported by the listed firms entered, or withdrawn from warehouse, for consumption during the period 08/01/2023 through 07/31/2024.
Entity: Vietnam-wide
Case number: A-552-801-000
Company: QVD Dong Thap Food Co., Ltd; Thuan Hung Co., Ltd.; QVD FOOD CO. LTD.
Case number: A-552-801-009
(NOTE:
This entity was referenced as "QVD Food Co., Ltd.; QVD Dong Thap Food Co., Ltd. (also known as Dong Thap or QVD DT); Thuan Hung Co., Ltd. (also known as THUFICO)" in the initiation notice.)
Company: BIEN DONG SEAFOOD CO., LTD.
Case number: A-552-801-034
(NOTE:
This company was referenced 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.)" in the initiation notice.)
Company: NAM VIET CORPORATION
Case number: A-552-801-047
(NOTE:
This company was referenced as "Nam Viet Corporation (also known as NAVICO)" in the initiation notice.)
Company: NTSF SEAFOODS JOINT STOCK COMPANY
Case number: A-552-801-048
(NOTE:
This company was referenced as "NTSF Seafoods Joint Stock Company (also known as NTSF, NTSF Seafoods or Ntsf Seafoods Jsc)" in the initiation notice.)
Company: VINH QUANG FISHERIES CORPORATION
Case number: A-552-801-051
(NOTE:
This company was referenced 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.)" in the initiation notice.)
Company: Hung Vuong Sa Dec Co., Ltd.; An Giang Fisheries Import and Export Joint Stock Company; Asia Pangasius Company Limited; Europe Joint Stock Company; Hung Vuong Vinh Long Co., Ltd.; Hung Vuong Co., Ltd.; Hung Vuong Mascato Company Limited; Hung Vuong Corporation; Hung Vuong Joint Stock Company; Hung Vuong Ben Tre Seafood Processing Co., Ltd.
Case number: A-552-801-057
(NOTE:
This entity was referenced as "Hung Vuong Corporation; 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)" in the initiation notice.)
Company: GREEN FARMS SEAFOOD JOINT STOCK COMPANY
Case number: A-552-801-062
(NOTE:
This company was referenced 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)" in the initiation notice.)
Company: C.P. VIETNAM CORPORATION
Case number: A-552-801-069
Company: DAI THANH SEAFOODS COMPANY LIMITED
Case number: A-552-801-070
(NOTE:
This company was referenced as "Dai Thanh Seafoods Company Limited (also known as DATHACO, Dai Thanh Seafoods or Dai Thanh Seafoods Co., Ltd.)" in the initiation notice.)
Company: FATIFISH COMPANY LIMITED
Case number: A-552-801-071
(NOTE:
This company was referenced as "Fatifish Company Limited (also known as FATIFISH or FATIFISHCO or Fatfish Co., Ltd.)" in the initiation notice.)
Company: GODACO SEAFOOD JOINT STOCK COMPANY
Case number: A-552-801-072
(NOTE:
This company was referenced as "GODACO Seafood Joint Stock Company (also known as GODACO, GODACO Seafood, GODACO SEAFOOD, GODACO_SEAFOOD, or GODACO Seafood J.S.C.)" in the initiation notice.)
Company: HAI HUONG SEAFOOD JOINT STOCK COMPANY
Case number: A-552-801-078
(NOTE:
This company was referenced as "Hai Huong Seafood Joint Stock Company (also known as HHFish, HH Fish, or Hai Huong Seafood)" in the initiation notice.)
Company: CAFATEX CORPORATION
Case number: A-552-801-080
(NOTE:
This company was referenced as "Can Tho Animal Fishery Products Processing Export Enterprise (also known as Cafatex Corporation, or Cafatex)" in the initiation notice.)
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:
This company was referenced 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)" in the initiation notice.)
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:
This entity was referenced as "Vinh Hoan Corporation; 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.); Thanh Binh Dong Thap One Member Company Limited (also known as Thanh Binh Dong Thap or Thanh Binh Dong Thap Ltd.); Vinh Phuoc Food Company Limited (also known as Vinh Phuoc or VP Food)" in the initiation notice.)
Company: EAST SEA SEAFOODS LLC
Case number: A-552-801-084
(NOTE:
This company was referenced 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.)" in the initiation notice.)
Company: International Development and Investment Corporation
Case number: A-552-801-085
(NOTE:
This company was referenced as "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)" in the initiation notice.)
Entries may also have been made under A-552-801-000, or other company-specific numbers
Company: Loc Kim Chi Seafood Joint Stock Company
Case number: A-552-801-086
(NOTE:
This company was referenced as "Loc Kim Chi Seafood Joint Stock Company (also known as Loc Kim Chi)" in the initiation notice.)
Entries may also have been made under A-552-801-000, or other company-specific numbers
Company: Co May Import-Export Company Limited
Case number: A-552-801-087
(NOTE:
This company was referenced as "Co May Import Export Company Limited (aka Co May Imp. Exp. Co)" in the initiation notice.)
Entries may also have been made under A-552-801-000, or other company-specific numbers
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.
An Chau Co., Ltd
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)
An Hai Fishery Ltd. Co
An My Fish Joint Stock Company (also known as Anmyfish, Anmyfishco or An My Fish Joint Stock)
An Phat Import-Export Seafood Co., Ltd. (also known as An Phat Seafood Co. Ltd. or An Phat Seafood, Co., Ltd.)
An Phu Seafood Corp. (also known as ASEAFOOD or An Phu Seafood Corp.)
Anchor Seafood Corp
Anh Vu Seafoods Corporation
Anvifish Joint Stock Company (also known as Anvifish, Anvifish JSC, or Anvifish Co., Ltd.)
Asia Commerce Fisheries Joint Stock Company (also known as Acomfish JSC or Acomfish)
Basa Joint Stock Company (also known as BASACO)
Ben Tre Aquaproduct Import and Export Joint Stock Company (also known as Bentre Aquaproduct, Bentre Aquaproduct Import & Export Joint Stock Company or Aquatex Bentre)
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)
Bentre Seafood Jsc
Bien Dong Hau Giang Seafood Joint Stock Company (also known as Bien Dong HG or Bien Dong Hau Giang Seafood Joint Stock Co.)
Binh An Seafood Joint Stock Company (also known as Binh An or Binh An Seafood Joint Stock Co.)
Binh Dinh Fisheries Joint Stock
Binh Dinh Garment Joint Stock Co
Binh Dinh Import Export Company (also known as Binh Dinh Import Export Joint Stock Company, or Binh Dinh)
Binh Phu Seafood Co. Ltd
Ca Mau Frozen Seafood Processing Import Export Corporation
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)
Cantho Imp. Exp. Seafood
Cantho Import Export Fishery Limited
Cavina Seafood Joint Stock Company (also known as Cavina Fish or Cavina Seafood Jsc)
Cds Overseas Vietnam Co., Ltd
Colorado Boxed Beef Company (also known as CBBC)
Coral Triangle Processors (dba Mowi Vietnam Co., Limited (Dong Nai))
Cuu Long Fish Import-Export Corporation (also known as CL Panga Fish or Cuu Long Fish Imp. Exp. Corporation)
Cuu Long Fish Joint Stock Company (also known as CL-Fish, CL-FISH CORP, or Cuu Long Fish Joint Stock Company)
Cuu Long Seapro
Da Nang Seaproducts Import-Export Corporation (also known as SEADANANG, Da Nang or Da Nang Seaproducts Import/Export Corp.)
Dai Tien Vinh Co., Ltd
Dong A Seafood One Member Company Limited (also known as Dong A Seafood Co.)
Dong Phuong Co., Ltd
Dong Phuong Import Export Seafood Company Limited (also known as Dong Phuong Export Seafood Limited, Dong Phuong Seafood Company Limited, or aFishDeal)
Dragonwaves Frozen Food Factory Co., Ltd
Europe Trading Co., Ltd
GF Seafood Corp
Gia Minh Co. Ltd
Go Dang An Hiep One Member Limited Company
Go Dang Ben Tre One Member Limited Liability Company
Gold Future Imp. Exp/Gold Future Imp. Exp. Development Co. Ltd
Golden Quality Seafood Corporation (also known as Golden Quality, GoldenQuality, GOLDENQUALITY, or GoldenQuality Seafood Corporation)
GreenFeed Vietnam Corporation
Ha Noi Can Tho Seafood Jsc
Hai Thuan Nam Co Ltd
Hai Trieu Co., Ltd
Hapag Lloyd (America) Inc
Hasa Seafood Corp. (Hasaco)
Hiep Thanh Seafood Joint Stock Company (also known as Hiep Thanh or Hiep Thanh Seafood Joint Stock Co.)
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)
Hoang Long Seafood Processing Company Limited (also known as HLS, Hoang Long, Hoang Long Seafood, HoangLong Seafood, or Hoang Long Seafood Processing Co., Ltd.)
Hogiya Seafoods Inc
Hong Hai International
Hong Ngoc Seafood Co., Ltd
Hung Phuc Thinh Food Jsc
Hung Vuong
Hung Vuong-Mien Tay Aquaculture Corporation (HVMT or Hung Vuong Mien Tay Aquaculture Joint Stock Company)
Hung Vuong Seafood Joint Stock Company
HungCa 6 Corporation
Hungca Co., Ltd
I.D.I International Development
Indian Ocean One Member Company Limited (also known as Indian Ocean Co., Ltd.)
Jk Fish Jsc
Lian Heng Trading Co. Ltd. (also known as Lian Heng, Lian Heng Trading, Lian Heng Investment Co. Ltd., or Lian Heng Investment)
Mechanics Construction and Foodstuff
Mekong Seafood Connection Co., Ltd
Minh Phu Hau Giang Seafood Corp
Minh Phu Seafood Corp
Minh Qui Seafood Co., Ltd
Nam Phuong Seafood Co., Ltd. (also known as Nam Phuong, NAFISHCO, Nam Phuong Seafood, or Nam Phuong Seafood Company Ltd.)
New Food Import, Inc
Ngoc Ha Co. Ltd. Food Processing and Trading (also known as Ngoc Ha or Ngoc Ha Co., Ltd. Foods Processing and Trading)
Ngoc Tri Seafood Joint Stock
Nguyen Tran Seafood Company (also known as Nguyen Tran J-S Co)
Nha Trang Seafoods, Inc. (also known as Nha Trang Seafoods-F89, Nha Trang Seafoods, or Nha Trang Seaproduct Company)
NTACO Corporation (also known as NTACO or NTACO Corp.)
Pecheries Oceanic Fisheries Inc
Phi Long Food Manufacturing Co. Ltd
Phu Thanh Co., Ltd
Phu Thanh Hai Co. Ltd. (also known as PTH Seafood)
Phuc Tam Loi Fisheries Imp
Phuong Ngoc Cai Be Ltd. Liability
PREFCO Distribution, LLC
Pufong Trading And Service Co
QMC Foods, Inc
Qn Seafood Co., Ltd
Quang Minh Seafood Company Limited (also known as Quang Minh, Quang Minh Seafood Co., Ltd., or Quang Minh Seafood Co.)
Quirch Foods, LLC
Riptide Foods
Saigon-Mekong Fishery Co., Ltd. (also known as SAMEFICO or Saigon Mekong Fishery Co., Ltd.)
Seafood Joint Stock Company No. 4 (also known as SEAPRIEXCO No. 4)
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)
Seagate Logistics Co., Ltd
Seavina Joint Stock Company (also known as Seavina)
Sobi Co., Ltd
Song Bien Co., Ltd
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)
Sunrise Corporation
Tam Le Food Co., Ltd
Tan Thanh Loi Frozen Food Co., Ltd
TG Fishery Holdings Corporation (also known as TG or Tg Fishery Holdings Corp.)
Thanh Dat Food Service And Trading
Thanh Hung Co., Ltd. (also known as Thanh Hung Frozen Seafood Processing Import Export Co., Ltd. or Thanh Hung)
Thanh Phong Fisheries Corp
The Great Fish Company, LLC
Thien Ma Seafood Co., Ltd. (also known as THIMACO, Thien Ma, Thien Ma Seafood Company, Ltd., or Thien Ma Seafoods Co., Ltd.)
Thinh Hung Co., Ltd
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.)
Thuan Nhan Phat Co., Ltd
Thuan Phuoc Seafoods and Trading Corporation
To Chau Joint Stock Company (also known as TOCHAU, TOCHAU JSC, or TOCHAU Joint Stock Company)
Tran Thai Food Joint Stock
Trang Thuy Seafood Co., Ltd
Trinity Vietnam Co., Ltd
Trong Nhan Seafood Co., Ltd
Truong Phat Seafood Jsc
Van
Van Y Corp
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)
Viet Long Seafood Co., Ltd
Viet Phat Aquatic Products Co., Ltd
Viet Phu Foods & Fish Co., Ltd
Viet Phu Foods and Fish Corporation (also known as Vietphu, Viet Phu, Viet Phu Food and Fish Corporation, or Viet Phu Food & Fish Corporation)
Viet World Co., Ltd
Vietnam Seaproducts Joint Stock Company (also known as Seaprodex or Vietnam Seafood Corporation-Joint Stock Company)
Vif Seafood Factory
Vinh Long Import-Export Company (also known as Vinh Long, Imex Cuu Long, Vinh Long Import/Export Company)
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 08/2024 anniversary month (89 FR 77079, 09/20/2024).
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:CM.)
10.
There are no restrictions on the release of this information.
Alexander Amdur