CASH DEPOSIT INSTRUCTIONS FOR FRESH GARLIC FROM THE PEOPLE'S REPUBLIC OF CHINA (LINYI SANSHAN IMPORT & EXPORT TRADING CO.,LTD). (A-570-831-014)

MESSAGE NO: 4181202 DATE: 06 29 2004 CATEGORY: ADA TYPE: ADM REFERENCE: REFERENCE DATE: CASES: A - 570 - 831 - - - - - - - - - - PERIOD COVERED: 06 28 2004 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: CASH DEPOSIT INSTRUCTIONS FOR FRESH GARLIC FROM THE PEOPLE'S REPUBLIC OF CHINA (LINYI SANSHAN IMPORT & EXPORT TRADING CO.,LTD). (A-570-831-014) 1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER (69 FR 36059) ON 6/28/2004 THE FINAL RESULTS OF A NEW SHIPPER REVIEW OF THE ANTIDUMPING DUTY ORDER ON FRESH GARLIC FROM THE PEOPLE'S REPUBLIC OF CHINA (PRC) FOR THE PERIOD 11/01/2002 THROUGH 4/30/2003 FOR LINYI SANSHAN IMPORT & EXPORT TRADING CO., LTD. (LINYI SANSHAN) (A-570-831-014). 2. AS A RESULT OF THE NEW SHIPPER REVIEW, FOR SHIPMENTS OF FRESH GARLIC FROM THE PRC PRODUCED AND EXPORTED BY LINYI SANSHAN A-570-831-014, AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 6/28/2004, CUSTOMS SHALL REQUIRE A CASH DEPOSIT RATE OF 376.67 PERCENT. 3. FOR ALL OTHER COMPANIES NAMED IN THE ANTIDUMPING DUTY MODULE, THE CASH-DEPOSIT RATE IS THE RATE PROVIDED THEREIN EXCEPT FOR GROWER AND EXPORTER COMBINATIONS INVOLVED IN UNCOMPLETED NEW SHIPPER REVIEWS (IN WHICH CASE THE AD/CVD MODULE SPECIFIES THAT A BOND OR OTHER SECURITY DEPOSIT IS PERMITTED). FOR ALL OTHER GROWERS OR EXPORTERS OF FRESH GARLIC FROM THE PRC WHICH DO NOT HAVE A SPECIFIC RATE IN THE MODULE, THE CASH-DEPOSIT RATE CONTINUES TO BE 376.67 PERCENT. 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. EFFECTIVE 6/28/2004, IMPORTERS MAY NO LONGER POST A BOND OR OTHER SECURITY IN LIEU OF A CASH DEPOSIT ON IMPORTS OF SUBJECT MERCHANDISE GROWN AND EXPORTED BY LINYI SANSHAN. IMPORTERS OF SUBJECT MERCHANDISE FROM THOSE GROWER AND EXPORTER COMBINATIONS INVOLVED IN UNCOMPLETED NEW SHIPPER REVIEWS HAVE THE OPTION OF POSTING A BOND OR OTHER SECURITY DEPOSIT IN LIEU OF A CASH DEPOSIT AT THE RATE OF 376.67 PERCENT. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF THE U.S. CUSTOMS AND BORDER PROTECTION (CBP), 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 DEPOSIT REQUIREMENTS WILL REMAIN IN EFFECT UNTIL PUBLICATION OF THE FINAL RESULTS OF THE NEXT REVIEW. 6. DO NOT LIQUIDATE ANY ENTRIES OF THE MERCHANDISE INCLUDED IN THE NEW SHIPPER REVIEW FOR THE PERIOD 11/01/2002 THROUGH 4/30/2003 UNTIL YOU RECEIVE LIQUIDATION INSTRUCTIONS. 7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY (GENERATED BY O5: SEL). 8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA