Message body
Full text as published by U.S. Customs and Border Protection
MESSAGE NO: 4176209
DATE: 06 24 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 ADMINISTRATIVE REVIEW OF ANTIDUMPING DUTY ORDER ON
FRESHWATER CRAWFISH TAIL MEAT FROM THE PEOPLE'S REPUBLIC OF
CHINA, FOR THE PERIOD SEPTEMBER 1, 2002 THROUGH AUGUST 31, 2003
(A-570-848), HAS BEEN RESCINDED, IN PART.
THE NOTICE OF
RESCISSION, IN PART, WAS PUBLISHED IN THE FEDERAL REGISTER ON MAY
21, 2004 (69 FR 29267). YOU ARE TO ASSESS ANTIDUMPING DUTIES ON
THIS MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION, DURING THE PERIOD NOTED ABOVE, AT THE CASH DEPOSIT
OR BONDING RATE REQUIRED AT THE TIME OF ENTRY, FOR THE FOLLOWING
COMPANIES:
ID NUMBER
COMPANY NAME
A-570-848-002
CHINA EVERBRIGHT
A-570-848-023
CHINA KINGDOM IMPORT & EXPORT CO., LTD.
AKA CHINA KINGDOMA IMPORT & EXPORT CO., LTD.
AKA ZHONGDA IMPORT & EXPORT CO., LTD.
A-570-848-018
FUJIAN PELAGIC FISHERY GROUP CO.
A-570-848-003
HUAIYIN FOREIGN TRADE CORPORATION (5)
A-570-848-030
HUAIYIN FOREIGN TRADE CORPORATION (30)
A-570-848-005
JIANGSU CEREALS, OILS, & FOODSTUFFS IMPORT &
EXPORT CORP.
A-570-848-034
JIANGSU HILONG INTERNATIONAL TRADING CO., LTD.
A-570-848-008
NANTONG DELU AQUATIC FOOD CO., LTD.
A-570-848-012
NINGBO NANLIAN FROZEN FOODS CO., LTD.
A-570-848-031
NORTH SUPREME SEAFOOD (ZHEJIANG) CO., LTD.
A-570-848-014
QINGDAO RIRONG FOODSTUFF CO., LTD.
AKA QINGDAO RIRONG FOODSTUFFS
A-570-848-021
QINGDAO ZHENGRI SEAFOOD CO., LTD.
AKA QINGDAO ZHENGRI SEAFOODS
A-570-848-029
SHANGHAI TAOEN INTERNATIONAL TRADING CO., LTD.
A-570-848-020
SUQIAN FOREIGN TRADE CORP.
AKA SUQIAN FOREIGN TRADING
A-570-848-026
WEISHAN FUKANG FOODSTUFFS CO., LTD.
A-570-848-033
WEISHAN ZHENYU FOODSTUFF CO., LTD.
A-570-848-015
YANCHENG BAOLONG BIOCHEMICAL PRODUCTS CO., LTD.
A-570-848-011
YANCHENG FOREIGN TRADE CORP.
AKA YANCHENG FOREIGN TRADING
AKA YANG CHEN FOREIGN TRADING
A-570-848-016
YANCHENG HAITENG AQUATIC PRODUCTS & FOODS CO., LTD
A-570-848-009
YANCHENG YAOU SEAFOODS
AKA YANCHENG BAOLONG AQUATIC FOODS CO., LTD.
A-570-848-019
YANGZHOU LAKEBEST FOODS CO., LTD.
A-570-848-035
ZHOUSHAN HUADING SEAFOOD CO., LTD.
THE FOLLOWING COMPANY WAS INCLUDED IN THE RESCISSION NOTICE BUT
DOES NOT HAVE AN INDIVIDUAL CUSTOMS ID NUMBER.
ITS MERCHANDISE
WOULD THEREFORE HAVE ENTERED UNDER A-570-848-000 AND THE
APPLICABLE ASSESSMENT RATE ON THE DATE OF ENTRY SHOULD BE 223.01
PERCENT:
SHANGHAI YANGFEN INTERNATIONAL TRADING CO., LTD.
2.
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.
3.
THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FROM THE FIRMS 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.
4.
THE ASSESSMENT OF ANTIDUMPING DUTIES BY 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.
5.
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.
6.
IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI AT OFFICE OF AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, AT (202) 482-0984 (GENERATED BY G3O7:MR).
7.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CATHY SAUCEDA