CASH DEPOSITS FOR GARLIC FROM CHINA (A-570-831)

MESSAGE NO: 3076207 DATE: 03 17 2003 CATEGORY: ADA TYPE: ADM REFERENCE: REFERENCE DATE: CASES: A - 570 - 831 - - - - - - - - - - PERIOD COVERED: 01 30 2003 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: CASH DEPOSITS FOR GARLIC FROM CHINA (A-570-831) 1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER (68 FR 4758) ON 1/30/2003 THE FINAL RESULTS OF ITS ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON FRESH GARLIC FROM THE PEOPLE'S REPUBLIC OF CHINA (PRC) FOR THE PERIOD 11/01/2000 THROUGH 10/31/2001. 2. AS A RESULT OF THE ADMINISTRATIVE REVIEW, FOR SHIPMENTS OF FRESH GARLIC FROM THE PRC PRODUCED OR EXPORTED BY THE COMPANIES LISTED BELOW, AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 01/30/2003, CUSTOMS SHALL REQUIRE A CASH DEPOSIT FOR ENTRIES AT THE RATES SET FORTH BELOW. EXPORTER OR PRODUCER CASE NUMBER RATE TAIAN FOOK HUAT TONG KEE A-570-831-005 0.00 FOODSTUFFS CO., LTD.(FHTK TAIAN) PHIL-SINO INTERNATIONAL TRADING INC. A-570-831-009 376.67 WO HING (H.K.) TRADING CO. A-570-831-010 376.67 3. A CASH DEPOSIT RATE OF 376.67 PERCENT IS REQUIRED FOR ALL OTHER PRC PRODUCERS OR EXPORTERS OF THE SUBJECT MERCHANDISE EXCEPT FOR HUAIYANG HONGDA DEHYDRATED VEGETABLE COMPANY (HONGDA) (A-570-831-002) AND THOSE PRODUCERS OR EXPORTERS LISTED IN MESSAGE NUMBER 3013204, DATED 01/13/2003, THAT ARE SUBJECT TO UNCOMPLETED NEW SHIPPER REVIEWS. FOR ALL NON-PRC EXPORTERS OF FRESH GARLIC FROM THE PRC, THE CASH-DEPOSIT RATE WILL BE THE RATE APPLICABLE TO THE PRC SUPPLIER OF THAT EXPORTER. 4. IMPORTERS OF SUBJECT MERCHANDISE FROM THE PRODUCER AND EXPORTER COMBINATIONS LISTED IN MESSAGE NUMBER 3013204, DATED 1/13/2003, HAVE THE OPTION OF POSTING A BOND OR OTHER SECURITY DEPOSIT IN LIEU OF A CASH DEPOSIT AT THE RATE OF 376.67 PERCENT. SIMILARLY, AS INSTRUCTED IN MESSAGE NUMBER 2016204, DATED 01/16 /2002, IMPORTERS OF SUBJECT MERCHANDISE PRODUCED OR EXPORTED BY HONGDA HAVE THE OPTION OF POSTING A BOND OR OTHER SECURITY DEPOSIT IN LIEU OF A CASH DEPOSIT AT THE RATE OF 376.67 PERCENT. PLEASE BE ADVISED THAT FOR IMPORTS OF SUBJECT MERCHANDISE PRODUCED OR EXPORTED BY THE OTHER TWO COMPANIES LISTED IN MESSAGE NUMBER 2016204 (I.E., SHANDONG HEZE INTERNATIONAL TRADE AND DEVELOPING COMPANY (A-570-831-004) AND JINAN YIPIN CORPORATION, LTD. (A-570-831-003)), CASH DEPOSITS ONLY SHOULD BE COLLECTED AT THE RATE IN EFFECT ON THE DATE OF ENTRY. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF THE CUSTOMS SERVICE, CUSTOMS OFFICERS MAY ACCEPT EITHER A SINGLE-ENTRY BASIC IMPORTATION AND ENTRY BOND OR A CONTINUOUS BASIC IMPORTATION AND ENTRY BOND ONLY IF THE AMOUNT OF THE ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTY IS LESS THAN FIVE PERCENT AD VALOREM (OR THE EQUIVALENT). OTHERWISE, AS IN THE CASE OF FRESH GARLIC FROM THE PRC, WHERE THE IMPORTER HAS THE OPTION TO POST A BOND FOR ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTIES, CUSTOMS OFFICERS MUST REQUIRE A SINGLE-ENTRY BASIC IMPORTATION AND ENTRY BOND PURSUANT TO T.D. 85-145. YOU ARE INSTRUCTED TO ADHERE TO THE REQUIREMENTS OF T.D. 85-145 WITH RESPECT TO THESE BONDING REQUIREMENTS. 5. THESE CASH DEPOSIT REQUIREMENTS WILL REMAIN IN EFFECT UNTIL PUBLICATION OF THE FINAL RESULTS OF THE NEXT ADMINISTRATIVE REVIEW. 6. DO NOT LIQUIDATE ANY ENTRIES OF THE MERCHANDISE INCLUDED IN THE ADMINISTRATIVE REVIEW FOR THE PERIOD OF 11/01/2000 THROUGH 10/31/2001 UNTIL APPRAISEMENT INSTRUCTIONS ARE RECEIVED. 7. 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 OTHER INTERESTED PARTIES SHOULD CONTACT EDYTHE ARTMAN, OFFICE OF AD/CVD ENFORCEMENT 3, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-3931. 8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA