MESSAGE NO: 9012201 DATE: 1/12/2009

CATEGORY: ADA TYPE: LIQ

REFERENCE: REFERENCE DATE:

CASES: A-549-822

PERIOD COVERED: 02/01/2007 TO 01/31/2008

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NOTIFICATION: PARTIAL RESCISSION OF AD REVIEW ON FROZEN, WARMWATER
SHRIMP FROM THAILAND (A-549-822-000/024) FROM, MULTIPLE FIRMS. LIFTING
OF SUSPENSION 12/19/2008.

THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

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RESCINDED FOR THE FIRMS LISTED BELOW BECAUSE THEY REPORTED TO

THE DEPARTMENT OF COMMERCE THAT THEY HAD NO SHIPMENTS OF

SUBJECT MERCHANDISE DURING THE PERIOD.

COMPANY: NR INSTANT PRODUCE CO., LTD

CASE NUMBER: A-549-822-024

(ENTRIES MAY HAVE ENTERED UNDER A-549-822-000)

COMPANY: DYNAMIC INTERTRANSPORT CO., LTD

CASE NUMBER: A-549-822-000

COMPANY: LUCKY UNION FOODS CO., LTD

CASE NUMBER: A-549-822-000

COMPANY: MKF INTERFOOD (2004) CO., LTD

CASE NUMBER: A-549-822-000

COMPANY: SIAM CANADIAN FOODS CO., LTD

CASE NUMBER: A-549-822-000

COMPANY: SKY FRESH CO., LTD

CASE NUMBER: A-549-822-000

COMPANY: SONGKLA CANNING (PCL)

CASE NUMBER: A-549-822-000

COMPANY: SURAT SEAFOODS CO., LTD

CASE NUMBER: A-549-822-000

COMPANY: TEP KINSHO FOODS CO., LTD

CASE NUMBER: A-549-822-000

COMPANY: THAI EXCEL FOODS CO., LTD

CASE NUMBER: A-549-822-000

COMPANY: GROBEST FROZEN FOODS CO., LTD

CASE NUMBER: A-549-822-000

COMPANY: THAI UNION MANUFACTURING CO., LTD

CASE NUMBER: A-549-822-000

2\. AS A RESULT OF COMMERCE\'S CLARIFICATION OF ITS ASSESSMENT

REGULATION ON MAY 6, 2003 (68 FR 23954), FOR ALL SHIPMENTS OF

CERTAIN FROZEN WARMWATER SHRIMP FROM THAILAND PRODUCED BY NR

INSTANT PRODUCE CO., LTD., ENTERED, OR WITHDRAWN FROM

WAREHOUSE, FOR CONSUMPTION, DURING THE PERIOD 02/01/2007

THROUGH 01/31/2008, ENTERED UNDER THE CASE NUMBER

A-549-822-024 AND NOT COVERED BY PARAGRAPH ONE, ASSESS

ANTIDUMPING DUTIES AT THE ALL-OTHERS RATE IN EFFECT ON THE

DATE OF ENTRY. THE ALL-OTHERS RATE FOR CERTAIN FROZEN

WARMWATER SHRIMP FROM THAILAND IS 5.95 PERCENT.

3\. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF

ENTRIESOF THE MERCHANDISE FOR THE PERIOD LISTED ABOVE

OCCURRED WITH THE PUBLICATION OF THE NOTICE OF THE PARTIAL

RESCISSION OF ADMINISTRATIVE REVIEW (73 FR 77612 12/19/2008).

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.

4\. THERE ARE NO INJUNCTIONS APPLICABLE TO THE ENTRIES COVERED

BY THIS INSTRUCTION.

5\. 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. SECTION 778

REQUIRES THAT CBP PAY INTEREST ON OVERPAYMENTS, OR ASSESS

INTEREST ON UNDERPAYMENTS, OFTHE REQUIRED AMOUNTS DEPOSITED

AS ESTIMATED ANTIDUMPING DUTIES. THE INTEREST PROVISIONS ARE

NOT APPLICABLE TO CASH OR BONDS POSTED ASESTIMATED

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

THERATE IN EFFECT UNDER SECTION 6621 OF THE INTERNAL REVENUE

CODE OF 1954FOR SUCH PERIOD.

6\. 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.

7\. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP

OFFICERS,THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE

CONTACT DAVINAHASHMI OR RON TRENTHAM AT THE OFFICE OF AD/CVD

OPERATIONS, IMPORTADMINISTRATION, INTERNATIONAL TRADE

ADMINISTRATION, U.S. DEPARTMENT OFCOMMERCE, AT (202) 482-0984

OR (202) 482-3577 RESPECTIVELY (GENERATEDBY 02:TKS).

8\. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS

INFORMATION.

DAVID M. GENOVESE