- Period Covered: 02/01/2007 to 01/31/2008
MESSAGE NO: 9279202
DATE: 10 06 2009
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 549 - 822
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PERIOD COVERED:
02 01 2007
TO
01 31 2008
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQUIDATION INSTRUCTIONS BASED UPON PARTIAL RESCISSION
OF ADMIN. REVIEW ON CERTAIN FROZEN WARMWATER SHRIMP
FROM THAILAND (A-549-822-042); EURO ASIAN INTERNATIONAL
1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON
CERTAIN FROZEN WARMWATER SHRIMP FROM THAILAND (A-549-822),
COVERING THE PERIOD 02/01/2007 THROUGH 01/31/2008, HAS BEEN
RESCINDED FOR THE FIRM LISTED BELOW.
YOU ARE TO ASSESS
ANTIDUMPING DUTIES ON THIS MERCHANDISE ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 02/01/2007
THROUGH 01/31/2008 AT THE CASH DEPOSIT RATE REQUIRED AT THE
TIME OF ENTRY.
LIQUIDATE ALL ENTRIES FOR THE FOLLOWING FIRM:
EURO-ASIAN INTERNATIONAL SEAFOODS CO., LTD.
A-549-822-042
2. NOTICE OF LIFTING OF SUSPENSION OF LIQUIDATION ON ENTRIES
OF SUBJECT MERCHANDISE DURING THE PERIOD 02/01/2007 THROUGH
01/31/2008 OCCURRED WITH THE PUBLICATION OF THE NOTICE OF
PARTIAL RESCISSION OF THE ADMINISTRATIVE REVIEW ON 09/16/2009 (74
FR 47551).
FOR ALL OTHER SHIPMENTS OF CERTAIN FROZEN WARMWATER
SHRIMP FROM THAILAND YOU SHALL, UNLESS OTHERWISE INSTRUCTED,
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 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 AND 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 OF PAYMENT OF ESTIMATED ANTIDUMPING
DUTIES 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 SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS
DESCRIBED IN SECTION 351.402(f)(2) OF COMMERCE'S REGULATIONS.
THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR
TO LIQUIDATION OF THE ENTRY.
IF THE IMPORTER CERTIFIES THAT IT HAS AN AGREEMENT WITH THE
MANUFACTURER, PRODUCER, SELLER, OR EXPORTER TO BE REIMBURSED
ANTIDUMPING DUTIES, CBP SHOULD DOUBLE THE ANTIDUMPING DUTIES IN
ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION.
ADDITIONALLY, IF THE IMPORTER DOES NOT PROVIDE THE
REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CBP SHOULD
PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE.
6. 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:KJ).
7.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CHRISTINE FURGASON