Message body
Full text as published by U.S. Customs and Border Protection
MESSAGE NO: 3015207
DATE: 01 15 2003
CATEGORY: ADA
TYPE: LIQ
REFERENCE: 0216205
REFERENCE DATE: 08 03 2000
CASES:
A - 570 - 848
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PERIOD COVERED:
03 26 1997
TO
08 31 2001
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQUIDATION OF CRAWFISH FROM CHINA (A-570-848)
1.
ON OCTOBER 24, 2002, IN OCEAN HARVEST WHOLESALE INC. V.
UNITED STATES (COURT NO. 00-05-002431), PLAINTIFF FILED WITH THE
U.S. COURT OF INTERNATIONAL TRADE (CIT) ITS STIPULATION OF
DISMISSAL.
THEREFORE, PLAINTIFF HAS DISMISSED THE ACTION.
THESE
INSTRUCTIONS REPLACE OUR PREVIOUS INJUNCTION INSTRUCTIONS DATED
AUGUST 3, 2000, MESSAGE NUMBER 0216205.
THE INJUNCTION THAT WAS
PREVIOUSLY IN PLACE IS NOW LIFTED SINCE PLAINTIFF HAS DISMISSED
ITS CASE.
2.
IN ACCORDANCE WITH THE SETTLEMENT AGREEMENT, YOU ARE NOW
INSTRUCTED TO LIQUIDATE ALL SHIPMENTS OF FRESHWATER CRAWFISH TAIL
MEAT FROM THE PEOPLE'S REPUBLIC OF CHINA EXPORTED BY THE EXPORTER
LISTED BELOW AND ENTERED OR WITHDRAWN FROM WAREHOUSE FOR
CONSUMPTION DURING THE PERIOD MARCH 26, 1997 THROUGH AUGUST 31,
1998, IN ACCORDANCE WITH THE RATES BELOW, EXCEPT THAT, IF A BOND
OR CASH DEPOSIT WAS COLLECTED AS SECURITY FOR AN ESTIMATED
ANTIDUMPING DUTY FOR ANY SHIPMENT OF MERCHANDISE THAT WAS
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE
PERIOD MARCH 26, 1997 THROUGH SEPTEMBER 18, 1997, ASSESS A
DUMPING LIABILITY EQUAL TO THE (MARGIN) PERCENT OF THE ENTERED
CUSTOMS VALUE OR EQUAL TO THE AMOUNT OF THE BOND OR CASH DEPOSIT,
WHICHEVER IS LESS.
THE FOLLOWING RATE IS APPLICABLE IF THIS
MERCHANDISE WAS EXPORTED BY THE COMPANY LISTED AS THE EXPORTER.
ID NUMBER
COMPANY NAME
RATE
(PERCENT)
A-570-848-008
NANTONG DELU AQUATIC FOOD CO., LTD
MARCH 26, 1997 THROUGH AUGUST 31, 1998
201.63
A-570-848-011
YANCHENG FOREIGN TRADE CORPORATION
MARCH 26, 1997 THROUGH AUGUST 31, 1998
108.05
3.
IN ADDITION, THE DEPARTMENT RESCINDED THE REVIEW FOR THE
FOLLOWING COMPANIES AND PERIODS, AS LISTED BELOW.
THEREFORE, YOU
ARE INSTRUCTED TO LIQUIDATE ALL SHIPMENTS OF FRESHWATER CRAWFISH
TAIL MEAT FROM THE PEOPLE'S REPUBLIC OF CHINA EXPORTED BY THE
EXPORTER LISTED BELOW AND ENTERED OR WITHDRAWN FROM WAREHOUSE FOR
CONSUMPTION DURING THE PERIODS LISTED BELOW.
ASSESS AN
ANTIDUMPING LIABILITY EQUAL TO THE CASH DEPOSIT RATE IN EFFECT ON
THE DATE OF ENTRY FOR THE RELEVANT EXPORTER.
ID NUMBER
COMPANY NAME
A-570-848-008
NANTONG DELU AQUATIC FOOD CO., LTD.
SEPTEMBER 1, 1998 THROUGH AUGUST 31, 1999
SEPTEMBER 1, 1999 THROUGH AUGUST 31, 2000
SEPTEMBER 1, 2000 THROUGH AUGUST 31, 2001
A-570-848-011
YANCHENG FOREIGN TRADE CORPORATION
SEPTEMBER 1, 1999 THROUGH AUGUST 31, 2000
SEPTEMBER 1, 2000 THROUGH AUGUST 31, 2001
4.
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.
5.
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.
6.
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." THE IMPORTING PUBLIC AND INTERESTED
PARTIES SHOULD CONTACT ELFI BLUM OR MAUREEN FLANNERY AT 202-482-
0197 OR 202-482-3020, OFFICE OF AD/CVD ENFORCEMENT VII, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE.
7.
THERE ARE NO RESTRICTIONS ON RELEASE OF THIS INFORMATION.
CATHY SAUCEDA