Message body
Full text as published by U.S. Customs and Border Protection
MESSAGE NO: 3007205
DATE: 01 07 2003
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 570 - 848
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PERIOD COVERED:
09 01 2001
TO
08 31 2002
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQUIDATION OF CRAWFISH FROM CHINA (A-570-848)
1.
THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT
ADMINISTRATIVE REVIEWS OF ANTIDUMPING DUTY ORDERS. INSTEAD,
REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION 351.213(B)
OF THE COMMERCE DEPARTMENT REGULATIONS.
2.
THE DEPARTMENT OF COMMERCE HAS RECEIVED COMPANY-SPECIFIC
REQUESTS FOR AN ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY
ORDER FOR THE PERIOD AND ON THE MERCHANDISE LISTED BELOW.
THEREFORE, IN ACCORDANCE WITH SECTION 351.212(C) OF THE COMMERCE
DEPARTMENT REGULATIONS, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON
ALL MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION AT THE CASH DEPOSIT RATE IN EFFECT ON THE DATE OF
ENTRY TO WHICH THE FOLLOWING INFORMATION APPLIES:
FRESHWATER CRAWFISH TAIL MEAT FROM THE
PERIOD
PEOPLE'S REPUBLIC OF CHINA
(A-570-848)
SEPTEMBER 1, 2001- AUGUST 31,
2002
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
CHINA EVERBRIGHT
CHINA KINGDOM IMPORT
EXPORT CO., LTD., AKA CHINA KINGDOMA
IMPORT
EXPORT CO., LTD., AKA ZHONGDA IMPORT
EXPORT
CO., LTD.
FUJIAN PELAGIC FISHERY GROUP CO.
HUAIYIN FOREIGN TRADE CORPORATION (5)
JIANGSU HILONG INTERNATIONAL TRADING CO., LTD.
HUAIYIN FOREIGN TRADE CORPORATION (30)
JIANGSU CEREALS, OILS, AND FOODSTUFFS IMPORT AND EXPORT CORP.
NANTONG DELU AQUATIC FOOD CO., LTD.
NANTONG SHENGFA FROZEN FOOD CO., LTD.
NINGBO NANLIAN FROZEN FOODS CO., LTD.
NORTH SUPREME SEAFOOD (ZHEJIANG) CO., LTD.
QINGDAO RIRONG FOODSTUFF CO., LTD., AKA QINGDAO RIRONG FOODSTUFFS
QINGDAO ZHENGRI SEAFOOOD CO., LTD., AKA QINGDAO ZHENGRI SEAFOODS
SHANGHAI TAOEN INTERNATIONAL TRADING CO., LTD.
SHANTOU SEZ YANGFENG MARINE PRODUCTS CO.
SHOUZHOU HUAXIANG FOODSTUFFS CO., LTD.
SUQIAN FOREIGN TRADE CORP., AKA SUQIAN FOREIGN TRADING
WEISHAN FUKANG FOODSTUFFS CO., LTD.
WEISHAN ZHENYU FOODSTUFF CO., LTD.
YANCHENG BAOLONG BIOCHEMICAL PRODUCTS CO., LTD.
YANCHENG FOREIGN TRADE CORP., AKA YANCHENG FOREIGN TRADING, AKA
YANG CHEN FOREIGN TRADING
YANCHENG HAITENG AQUATIC PRODUCTS
FOODS CO., LTD.
YANCHENG YAOU SEAFOODS
YANGZHOU LAKEBEST FOODS CO., LTD.
3.
FOR THE FOLLOWING COMPANIES, ASSESS AN ANTIDUMPING LIABILITY
ON THE ENTERED VALUE BASED ON THE RATES IN EFFECT AT THE TIME OF
ENTRY.
THE RATES WERE AS FOLLOWS:
ID NUMBER
COMPANY NAME
PERIOD
RATE (AD VALOREM)
A-570-848-001
BINZHOU PREFECTURE FOODSTUFFS IMPORT AND EXPORT
CORP.
SEPTEMBER 1, 2001
APRIL 21, 2002
201.63%
APRIL 22, 2002
AUGUST 31, 2002
223.01%
A-570-848-004
HUAIYIN NINGTAI FISHERIES
SEPTEMBER 1, 2001
APRIL 21, 2002
201.63%
APRIL 22, 2002
AUGUST 31, 2002
223.01%
A-570-848-006
JIANGSU LIGHT INDUSTRIAL PRODUCTS IMPORT
EXPORT
(GROUP) YANGZHOU CO.
SEPTEMBER 1, 2001
APRIL 21, 2002
201.63%
APRIL 22, 2002
AUGUST 31, 2002
223.01%
A-570-848-007
LIANYUNGANG YUPENG AQUATIC PRODUCTS CO., LTD.
SEPTEMBER 1, 2001
APRIL 21, 2002
201.63%
APRIL 22, 2002
AUGUST 31, 2002
223.01%
A-570-848-010
YANCHENG FENGBAO AQUATIC FOOD CO., LTD.
SEPTEMBER 1, 2001
APRIL 21, 2002
201.63%
APRIL 22, 2002
AUGUST 31, 2002
223.01%
A-570-848-013
LIANYUNGANG HAIWANG AQUATIC PRODUCTS CO., LTD.
SEPTEMBER 1, 2001
APRIL 21, 2002
201.63%
APRIL 22, 2002
AUGUST 31, 2002
223.01%
A-570-848-017
YIXING BAN CHANG FOODS
SEPTEMBER 1, 2001
APRIL 21, 2002
201.63%
APRIL 22, 2002
AUGUST 31, 2002
223.01%
A-570-848-024
RIZHAO RIYUAN MARINE AND FOOD PRODUCTS
SEPTEMBER 1, 2001
APRIL 21, 2002
201.63%
APRIL 22, 2002
AUGUST 31, 2002
223.01%
A-570-848-028
COASTAL (JIANG SU) FOODS CO., LTD.
SEPTEMBER 1, 2001
APRIL 21, 2002
201.63%
APRIL 22, 2002
AUGUST 31, 2002
223.01%
4.
FOR ALL COMPANIES THAT DO NOT APPEAR IN EITHER PARAGRAPHS 2
OR 3 ABOVE, ASSESS AN ANTIDUMPING LIABILITY ON THE ENTERED VALUE
BASED ON THE RATES IN EFFECT AT THE TIME OF ENTRY.
THE RATES
WERE AS FOLLOWS:
A-570-848-000
PRC-WIDE RATE
SEPTEMBER 1, 2001
APRIL 21, 2002
201.63%
APRIL 22, 2002
AUGUST 31, 2002
223.01%
5.
THESE INSTRUCTIONS COVER IMPORTS OF FRESHWATER CRAWFISH TAIL
MEAT IN ALL ITS FORMS (WHETHER WASHED OR WITH FAT ON, WHETHER
PURGED OR UNPURGED), GRADES, AND SIZES; WHETHER FROZEN, FRESH, OR
CHILLED; AND REGARDLESS OF HOW IT IS PACKED, PRESERVED, OR
PREPARED.
EXCLUDED FROM THE SCOPE OF THE ORDER ARE LIVE CRAWFISH
AND OTHER WHOLE CRAWFISH, WHETHER BOILED, FROZEN, FRESH, OR
CHILLED.
ALSO EXCLUDED ARE SALTWATER CRAWFISH OF ANY TYPE, AND
PARTS THEREOF.
FRESHWATER CRAWFISH TAIL MEAT IS CURRENTLY
CLASSIFIABLE IN THE HARMONIZED TARIFF SCHEDULE OF THE UNITED
STATES (HTSUS) UNDER ITEM NUMBERS 1605.40.10.10, 1605.40.10.90,
0306.19.00.10 AND 0306.29.00.00.
THE HTSUS SUBHEADINGS ARE
PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES ONLY.
THE WRITTEN
DESCRIPTION OF THE SCOPE OF THIS ORDER IS DISPOSITIVE.
6.
THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE COMPANIES,
MERCHANDISE AND PERIOD LISTED ABOVE.
FOR ALL OTHER SHIPMENTS OF
FRESHWATER CRAWFISH TAIL MEAT FROM THE PEOPLE'S REPUBLIC OF
CHINA, YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO
COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE
MERCHANDISE AT THE CURRENT RATES.
7.
THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF
SECTION 778 OF THE TARIFF ACT OF 1930, AS AMENDED (THE ACT).
SECTION 778 OF THE ACT REQUIRES THAT CUSTOMS 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.
8.
UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED
IN SECTION 351.402(f)(2) OF THE COMMERCE DEPARTMENT'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 EXPORTER TO BE
REIMBURSED ANTIDUMPING DUTIES, CUSTOMS SHOULD DOUBLE THE
ANTIDUMPING DUTIES IN ACCORDANCE WITH THE ABOVE-REFERENCED
REGULATION.
ADDITIONALLY, IF THE IMPORTER
DOES NOT RESPOND TO YOUR FORMAL REQUEST (VIA CF 28 OR 29) FOR THE
REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CUSTOMS SHOULD
PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE.
9.
IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING THE
ATTRIBUTE "HQ OAB." IMPORTING PUBLIC AND INTERESTED PARTIES
SHOULD CONTACT ADINA TEODORESCU AT 202-482-4052, AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.
10.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
CATHY SAUCEDA