LIQ.INST. FOR THE NOTIFICATION OF PARTIAL RESCISSION OF ADMIN.REVIEW OF AD DUTY ORDER OF CERTAIN FROZEN FILLETS FROM VIETNAM(A-552-801-001 THRU -008, & -010 THRU -013)

MESSAGE NO: 7079202 DATE: 03 20 2007 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 552 - 801 - - - - - - - - - - PERIOD COVERED: 08 01 2005 TO 07 31 2006 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: LIQ.INST. FOR THE NOTIFICATION OF PARTIAL RESCISSION OF ADMIN.REVIEW OF AD DUTY ORDER OF CERTAIN FROZEN FILLETS FROM VIETNAM(A-552-801-001 THRU -008, & -010 THRU -013) 1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON CERTAIN FROZEN FISH FILLETS FROM THE SOCIALIST REPUBLIC OF VIETNAM (A-552-801), COVERING THE PERIOD 08/01/2005 THROUGH 07/31/2006, HAS BEEN RESCINDED FOR THE FIRM(S) LISTED BELOW. YOU ARE TO ASSESS ANTIDUMPING DUTIES ON THIS MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 08/01/2005 THROUGH 07/31/2006 AT THE CASH DEPOSIT OR BONDING RATE REQUIRED AT THE TIME OF ENTRY. LIQUIDATE ALL ENTRIES FOR THE FOLLOWING FIRMS: MFR/PRODUCER/EXPORTER CUSTOMS ID NUMBER AN GIANG FISHERIES IMPORT AND EXPORT JOINT STOCK COMPANY A-552-801-001 VINH HOAN COMPANY, LTD. A-552-801-002 NAM VIET COMPANY LIMITED A-552-801-003 CAN THO AGRICULTURAL AND ANIMAL PRODUCTS IMPORT EXPORT COMPANY, A-552-801-004 AN GIANG AGRICULTURE AND FOODS IMPORT EXPORT COMPANY A-552-801-005 CAN THO ANIMAL FISHERY PRODUCTS PROCESSING EXPORT ENTERPRISE A-552-801-006 DA NANG SEA PRODUCTS IMPORT-EXPORT CORPORATION A-552-801-007 MEKONG FISHERIES JOINT STOCK COMPANY A-522-801-008 VEIT HAI SEAFOOD COMPANY LIMITED A-552-801-010 VINH LONG IMPORT-EXPORT COMPANY A-552-801-011 PHAN QUAN COMPANY, LTD. A-552-801-012 PHU THANH COMPANY, CO. A-552-801-013 2. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF THE MERCHANDISE FOR THE PERIOD LISTED ABOVE OCCURRED WITH THE PUBLICATION OF THE NOTICE OF THE RESCISSION OF THE ADMINISTRATIVE REVIEW ON 03/12/2007 (72 FR 10981). YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES. 3. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER PROTECTION ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT CBP PAYS INTEREST ON OVERPAYMENTS OR ASSESS INTEREST ON UNDER PAYMENTS 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. 4. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN SECTION 351.402(f)(2) OF THE COMMERCE DEPARTMENT 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 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. 5. 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 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 O9:MSH). 6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA