MESSAGE NO: 9013203 DATE: 1/13/2009

CATEGORY: ADA TYPE: LIQ

REFERENCE: REFERENCE DATE:

CASES: A-533-840

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

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUDATION INSTRUCTION FOR PARTIAL RESCISSION OF ADMIN,
REVIEW-FROZEN WARMWATER SHRIMP FROM INDIA (A-533-840), 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 INDIA (A-533-840),

COVERING THE PERIOD 02/01/2007 THROUGH 01/31/2008, HAS BEEN

RESCINDED FOR FIRMS LISTED BELOW BECAUSE THEY REPORTED TO

COMMERCE THAT THEY HAD NO SHIPMENTS OF SUBJECT MERCHANDISE

DURING THE PERIOD.

CAPITHAN EXPORTING CO.

COCHIN FROZEN FOODS EXPORT PVT. LTD.

C P AQUACULTURE (INDIA) LTD.

G. KS BUSINESS ASSOCIATES PVT. LTD.

K V MARINE EXPORTS

L.G SEAFOODS

LEWIS NATURAL FOODS LTD.

LOURDE EXPORTS

MEENAXI FISHERIES PVT. LTD.

NAIK SEAFOODS LTD.

SANCHITA MARINE PRODUCTS P LTD.

STERLING FOODS

TRIVENI FISHERIES P LTD.

THE COMPANIES LISTED ABOVE DID NOT HAVE 10-DIGIT CASE NUMBERS

AT THE TIME OF ENTRY FOR THE PERIOD COVERED BY THESE

INSTRUCTIONS. ENTRIES BY THESE COMPANIES MAY HAVE BEEN MADE

UNDER THE CASE NUMBER A-533-840-000.

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 INDIA PRODUCED BY FIRMS

LISTED ABOVE, ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR

CONSUMPTION DURING THE PERIOD 02/01/2007 THROUGH 01/31/2008,

AND NOT COVERED BY PARAGRAPH ONE ABOVE, 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

INDIA IS 10.17 PERCENT.

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

ENTRIES OF THE SUBJECT MERCHANDISE FROM THE FIRMS LISTED

UNDER PARAGRAPH ONE DURING THE PERIOD 02/01/2007 THROUGH

01/31/08 OCCURRED WITH THE PUBLICATION OF THE NOTICE OF THE

PARTIAL RESCISSION OF THE ADMINISTRATIVE REVIEW (73 FR 77610,

12/19/2008). FOR ALL OTHER SHIPMENTS OF CERTAIN FROZEN

WARMWATER SHRIMP FROM INDIA 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, 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.

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 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 02:ME).

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

INFORMATION.

DAVID M. GENOVESE