LIQUIDATION INSTRUCTIONS FOR RESCINDED ADMINISTRATIVE REVIEW OF FRESH GARLIC FROM PEOPLE'S REPUBLIC OF CHINA (A-570-831)

MESSAGE NO: 3234201 DATE: 08 29 2003 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 570 - 831 - - - - - - - - - - PERIOD COVERED: 11 01 2000 TO 10 31 2001 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: LIQUIDATION INSTRUCTIONS FOR RESCINDED ADMINISTRATIVE REVIEW OF FRESH GARLIC FROM PEOPLE'S REPUBLIC OF CHINA (A-570-831) 1. ON JUNE 2, 2003, THE U.S. COURT OF INTERNATIONAL TRADE ISSUED A NOTICE OF DISMISSAL OF THE PRELIMINARY INJUNCTION ENJOINING LIQUIDATION OF CERTAIN ENTRIES OF FRESH GARLIC FROM THE PEOPLE'S REPUBLIC OF CHINA (PRC) SOLD OR EXPORTED (AS INDICATED ON THE COMMERCIAL INVOICE OR CUSTOMS DOCUMENTATION) BY CLIPPER MANUFACTURING LIMITED (CLIPPER) AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD NOVEMBER 1, 2000, THROUGH OCTOBER 31, 2001. THE CIT COURT NUMBER IS 03-00055. ACCORDINGLY, YOU MAY NOW LIQUIDATE ENTRIES WHICH HAD BEEN SUBJECT TO THE PRELIMINARY INJUNCTION (MESSAGE NO: 3062211 DATED 03/03/2003). LIQUIDATION INSTRUCTIONS ARE PROVIDED BELOW. 2. THE DEPARTMENT OF COMMERCE RECEIVED REQUESTS FOR AN ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON FRESH GARLIC FROM THE PRC FOR CLIPPER (A-570-831-001, ALSO MAY HAVE ENTERED UNDER A-570-831-000) AND THE PERIOD 11/01/2000 THROUGH 10/31/2001. 3. ON 01/30/2003, COMMERCE PUBLISHED IN THE FEDERAL REGISTER A NOTICE RESCINDING THE REVIEW FOR CLIPPER (68 FR 4758). IN ACCORDANCE WITH 19 CFR 351.212(d), FOR SHIPMENTS OF FRESH GARLIC FROM THE PRC EXPORTED OR SOLD BY CLIPPER (AS INDICATED ON THE COMMERCIAL INVOICE OR CUSTOMS DOCUMENTATION) AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD NOVEMBER 1, 2000, THROUGH OCTOBER 31, 2001, YOU ARE TO ASSESS ANTIDUMPING DUTIES AT THE CASH DEPOSIT RATE REQUIRED AT THE TIME OF ENTRY. THE RATE IN EFFECT WAS 376.67 PERCENT. 4. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND PERIOD LISTED ABOVE. UNLESS OTHERWISE INSTRUCTED, YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR SUBSEQUENT ENTRIES OF THE SUBJECT MERCHANDISE AT THE CURRENT RATES. 5. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN 19 CFR 351.402(f)(2). 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, THE IMPORTING PUBLIC, OR INTERESTED PARTIES PLEASE CONTACT CATHERINE CARTSOS AT 202-482-1757 OR CATHERINE__CARTSOS AT ITA.DOC.GOV, AD/CVD ENFORCEMENT 3, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT OF COMMERCE. 7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA