CASH DEP. INSTR. FOR NEW SHIPPER REVIEW OF FRESH GARLIC FROM CHINA (A-570-831-019) EXP'D BY JINXIANG SHANYANG GROWN BY KAIFENG WANGTUN FRESH VEGETABLES FACTORY

MESSAGE NO: 4278206 DATE: 10 04 2004 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 570 - 831 - - - - - - - - - - PERIOD COVERED: 09 30 2004 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: CASH DEP. INSTR. FOR NEW SHIPPER REVIEW OF FRESH GARLIC FROM CHINA (A-570-831-019) EXP'D BY JINXIANG SHANYANG GROWN BY KAIFENG WANGTUN FRESH VEGETABLES FACTORY 1. THE DEPARTMENT OF COMMERCE HAS PUBLISHED IN THE FEDERAL REGISTER (69 FR 58392) ON 09/30/2004 THE FINAL RESULTS OF NEW SHIPPER REVIEW OF THE ANTIDUMPING ORDER ON FRESH GARLIC FROM THE PEOPLE'S REPUBLIC OF CHINA (PRC)FOR THE PERIOD 11/01/2002 THROUGH 10/31/2003. 2. FOR THE FOLLOWING SHIPMENTS OF FRESH GARLIC FROM THE PRC ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 09/30/2004, U.S. CUSTOMS AND BORDER PROTECTION (CBP) SHALL REQUIRE A CASH DEPOSIT AS STATED BELOW FOR SUCH ENTRIES. GROWER AND EXPORTER CASE NUMBER PERCENT EXPORTED BY JINXIANG SHANYANG FREEZING STORAGE CO., LTD. A-570-831-019 29.04 GROWN BY KAIFENG WANGTUN FRESH VEGETABLES FACTORY 3. FOR SHIPMENTS OF FRESH GARLIC FROM THE PRC EXPORTED BY JINXIANG SHANYANG FREEZING STORAGE CO., LTD. BUT NOT GROWN BY KAIFENG WANGTUN FRESH VEGETABLES FACTORY, ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 09/30/2004, CBP SHALL REQUIRE A CASH DEPOSIT OF 376.67 PERCENT OF THE ENTERED VALUE. 4. FOR ALL OTHER COMPANIES NAMED IN THE AD/CVD 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 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. 5. EFFECTIVE 09/30/2004, IMPORTERS MAY NO LONGER POST A BOND OR OTHER SECURITY IN LIEU OF A CASH DEPOSIT ON IMPORTS OF FRESH GARLIC EXPORTED BY JINXIANG SHANYANG FREEZING STORAGE CO., LTD. AND GROWN BY KAIFENG WANGTUN FRESH VEGETABLES FACTORY. 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 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 DUTIES FROM CERTAIN PRODUCER AND EXPORTER COMBINATIONS, 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. 6. THESE CASH DEPOSIT REQUIREMENTS WILL REMAIN IN EFFECT UNTIL PUBLICATION OF THE FINAL RESULTS FOR THE NEXT REVIEW. DO NOT LIQUIDATE ANY ENTRIES COVERED BY THIS NEW SHIPPER REVIEW UNTIL YOU HAVE RECEIVED 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 05:JNK). 8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA