LIQUIDATION INSTRUCTIONS FOR CERTAIN FROZEN FISH FILLET FROM VIETNAM EXPORTED UNDER THE VIETNAM-WIDE ENTITY (EXCEPT THOSE SUBJECT TO INJUNCTION) (A-552-801-000)

MESSAGE NO: 8122201 DATE: 05 01 2008 CATEGORY: ADA TYPE: LIQ REFERENCE: 8114201 REFERENCE DATE: 04 23 2008 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: LIQUIDATION INSTRUCTIONS FOR CERTAIN FROZEN FISH FILLET FROM VIETNAM EXPORTED UNDER THE VIETNAM-WIDE ENTITY (EXCEPT THOSE SUBJECT TO INJUNCTION) (A-552-801-000) 1. FOR ALL SHIPMENTS OF CERTAIN FROZEN FISH FILLETS ("FISH FILLETS") FROM VIETNAM EXPORTED BY THE ENTITY LISTED BELOW, ENTERED, OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION, DURING THE PERIOD 08/01/2005 THROUGH 07/31/2006, ASSESS AN ANTIDUMPING LIABILITY OF THE PERCENTAGE OF THE ENTERED VALUE, AS LISTED BELOW EXCEPT THOSE ENTRIES PRODUCED AND/OR EXPORTED BY EAST SEA SEAFOODS JOINT VENTURE CO., LTD., AND IMPORTED BY PIAZZA SEAFOOD WORLD INC., WHICH ARE SUBJECT TO AN INJUNCTION UNDER CT. NO 08-00111 (SEE MESSAGE 8114201, 04/23/2008). EXPORTER CUSTOMS ID# NME-WIDE RATE VIETNAM-WIDE ENTITY A-552-801-000 63.88 % 2. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 08/01/2005 THROUGH 07/31/2006 OCCURRED WITH THE PUBLICATION OF THE FINAL RESULTS OF ADMINISTRATIVE REVIEW 73 FR 15479, 03/24/2008. FOR ALL OTHER SHIPMENTS OF FISH FILLETS FROM VIETNAM YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT CASH DEPOSIT RATE OR PER-UNIT AMOUNTS. 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 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 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. 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 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. 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: PW). 6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE. DAVID M.GENOVESE