Liquidation instructions for certain frozen fish fillets from Vietnam exported by several firms

Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 4 below. 1. On 10/31/2016, the U.S. Supreme Court denied certiorari in the case of Catfish Farmers of America et al. v. United States (court no. 11-00109). As a result of this decision, the injunction to which message 1119312 dated 04/29/2011, refers enjoining liquidation of entries which are subject to the antidumping duty order on certain frozen fish fillets from the Socialist Republic of Vietnam for the period 08/01/2008 through 07/31/2009 exported by the firms identified in paragraph 2, dissolved on 11/25/2016. 2. For all shipments of certain frozen fish fillets from the Socialist Republic of Vietnam exported by the firms below, and entered, or withdrawn from warehouse, for consumption during the period 08/01/2008 through 07/31/2009, assess an antidumping liability equal to the per-unit amounts listed below: Exporter: An Giang Fisheries Import & Export Joint Stock Company Case Number: A-552-801-001 Final rate: $0.06 per kilogram Exporter: East Sea Seafoods Limited Liability Company Case Number: A-552-801-014 Final rate: $0.06 per kilogram Exporter: Sourthern Fisheries Industries Co., Ltd (aka Southern Fishery Industries Co., Ltd.) Case Number: A-552-801-017 Final rate: $0.06 per kilogram 3. For all shipments of certain frozen fish fillets from the Socialist Republic of Vietnam exported by the firms listed in paragraph 2, entered, or withdrawn from warehouse, for consumption during the period 08/01/2008 through 07/31/2009, entered under the corresponding company case numbers above, and not covered by paragraph 2, assess antidumping duties at the cash deposit rate or per-unit amount in effect on the date of entry. 4. These instructions constitute notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraphs 2 and 3. Accordingly, notice of the lifting of suspension occurred on the message date of these instructions. 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. 5. There are no injunctions applicable to the entries covered by this instruction. 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 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 producer, seller, or exporter, to be reimbursed antidumping duties, CBP shall double the antidumping duties in accordance with the above-referenced regulation. Additionally, if the importer does not provide the reimbursement statement prior to liquidation, reimbursement shall be presumed and CBP shall double the antidumping duties due. If an importer timely files a protest challenging the presumption of reimbursement and doubling of duties, consistent with CBP's protest process, CBP may accept the reimbursement statement filed with the protest to rebut the presumption of reimbursement. 8. 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.) 9. There are no restrictions on the release of this information. Alexander Amdur