Message body
Full text as published by U.S. Customs and Border Protection
MESSAGE NO: 4026201
DATE: 01 26 2004
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 570 - 848
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PERIOD COVERED:
09 01 2002
TO
08 31 2003
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQUIDATION INSTRUCTIONS FOR FRESHWATER CRAWFISH TAIL
MEAT FROM THE PEOPLE'S REPUBLIC OF 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ALL MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR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
PERIOD
FROM THE PEOPLE'S REPUBLIC OF CHINA
(A-570-848)
SEPTEMBER 1, 2002- AUGUST 31, 2003
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, & FOODSTUFFS IMPORT & EXPORT CORP.
HUBEI QIANGJIANG HOUHU COLD & PROCESSING FACTORY
NANTONG DELU AQUATIC FOOD CO., LTD.
NANTONG SHENGFA FROZEN FOOD CO., LTD.
NINGBO NANLIAN FROZEN FOODS CO., LTD.
NORTH SUPREME SEAFOOD
QINGDAO JINYONGXIANG AQUATIC FOODS CO., LTD.
QINGDAO RIRONG FOODSTUFF CO., LTD., AKA QINGDAO RIRONG FOODSTUFFS
QINGDAO XIYUAN REFRIGERATED FOOD CO., LTD., AKA QINGDAO XIYUAN
REFRIGERATE FOOD CO., LTD.
QINGDAO ZHENGRI SEAFOOOD CO., LTD., AKA QINGDAO ZHENGRI SEAFOODS
SHANGHAI OCEAN FLAVOR INTERNATIONAL TRADING CO., LTD.
SHANGHAI TAOEN INTERNATIONAL TRADING CO., LTD.
SHANGHAI YANGFEN INTERNATIONAL TRADING CO., LTD.
SHOUZHOU HUAXIANG FOODSTUFFS CO., LTD.
SIYANG FOREIGN TRADE 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 FUDA FOODS CO., LTD.
YANCHENG HAITENG AQUATIC PRODUCTS & FOODS CO., LTD .
YANCHENG YAOU SEAFOODS
YANGZHOU LAKEBEST FOODS CO., LTD.
ZHOUSHAN HUADING SEAFOOD CO., LTD.
3.
FOR ALL COMPANIES THAT DO NOT APPEAR IN PARAGRAPH 2 ABOVE,
ASSESS AN ANTIDUMPING LIABILITY ON THE ENTERED VALUE BASED ON THE
RATES IN EFFECT AT THE TIME OF ENTRY.
ENTRIES FROM COMPANIES
THAT DO NOT HAVE A SEPARATE RATE IN THE MODULE (A-570-848-000)
SHOULD BE LIQUIDATED AT THE PRC-WIDE RATE OF 223.01 PERCENT.
4.
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.
5.
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.
6.
THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE U.S. CUSTOMS AND
BORDER PROTECTION (CBP) 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 CBP 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.
7.
UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP 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, CBP 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, CBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE
ANTIDUMPING DUTIES DUE.
8.
IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI AT THE OFFICE OF AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, AT (202) 482-0984 (GENERATED BY G3O7:MR).
9.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CATHY SAUCEDA