LIQUIDATION INSTRUCTIONS FOR HONEY FROM CHINA PRODUCED OR EXPORTED BY KUNSHAN XIN'AN TRADE CO., LTD. (EXCEPT THOSE IDENTIFIED IN PARAGRAPH 3) (A-570-863-020)

MESSAGE NO: 5321210 DATE: 11 17 2005 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 570 - 863 - - - - - - - - - - PERIOD COVERED: 12 01 2003 TO 11 30 2004 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: LIQUIDATION INSTRUCTIONS FOR HONEY FROM CHINA PRODUCED OR EXPORTED BY KUNSHAN XIN'AN TRADE CO., LTD. (EXCEPT THOSE IDENTIFIED IN PARAGRAPH 3) (A-570-863-020) 1. FOR ALL SHIPMENTS OF HONEY FROM THE PEOPLE'S REPUBLIC OF CHINA PRODUCED OR EXPORTED BY KUNSHAN XIN'AN TRADE CO., LTD. (A-570-863-020) IMPORTED BY OR SOLD TO (AS SHOWN ON THE COMMERCIAL INVOICE OR CUSTOMS DOCUMENT) XIN'AN USA INC., ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 12/01/2003 THROUGH 11/30/2004, ASSESS AN ANTIDUMPING LIABILITY OF 183.80 PERCENT OF THE ENTERED VALUE. 2. FOR ALL SHIPMENTS OF HONEY FROM THE PEOPLE'S REPUBLIC OF CHINA MADE BY OR EXPORTED BY KUNSHAN XIN'AN TRADE CO., LTD. (A-570-863-020) AND IMPORTED BY OR SOLD TO ENTITIES OTHER THAN XIN'AN USA INC., AND ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 12/01/2003 THROUGH 11/30/2004, ASSESS ANTIDUMPING DUTIES AT THE CASH DEPOSIT RATE IN EFFECT ON THE DATE OF THE ENTRY. 3. IN ASSESSING THE ANTIDUMPING DUTIES FOR SHIPMENTS MADE BY KUNSHAN XIN'AN TRADE CO., LTD., AS DESCRIBED ABOVE IN PARAGRAPHS 1 AND 2, PLEASE BE ADVISED THAT ANY ENTRIES OF HONEY FROM THE PEOPLE'S REPUBLIC OF CHINA THAT WERE THE SUBJECT OF AN AFFIRMATIVE CRITICAL CIRCUMSTANCES FINDING AND WERE ENTERED ON OR AFTER FEBRUARY 10, 2001, OR WERE THE SUBJECT OF A NEGATIVE CRITICAL CIRCUMSTANCES FINDING AND WERE ENTERED ON OR AFTER MAY 11, 2001, AND WERE IMPORTED BY THE IMPORTERS LISTED BELOW WILL REMAIN SUBJECT TO A PRELIMINARY INJUNCTION ENJOINING LIQUIDATION OF ANY SUCH ENTRIES. ACCORDINGLY, UNTIL FURTHER NOTICE, DO NOT LIQUIDATE SUCH ENTRIES OF SUBJECT MERCHANDISE EXPORTED BY KUNSHAN XIN'AN TRADE CO., LTD. AND IMPORTED BY ANY OF THE FIRMS NOTED BELOW: ZHEJIANG NATIVE PRODUCE AND ANIMAL BY-PRODUCTS I/E GROUP CORP., KUNSHAN FOREIGN TRADE CO., CHINA (TUSHU) SUPER FOOD I/E CORP., HIGH HOPE INTERNATIONAL GROUP JIANGSU FOODSTUFFS I/E CORP., NATIONAL HONEY PACKERS & DEALERS ASSOCIATION, ALFRED L. WOLFF, INC., C.M. GOETTSCHE & CO., CHINA PRODUCTS NORTH AMERICA, INC., PURE SWEET HONEY FARM, INC., SUNLAND INTERNATIONAL, INC. 4. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRY SUMMARIES FOR THE MERCHANDISE AND PERIOD LISTED ABOVE FOR ONLY THE COMPANY MENTIONED ABOVE. FOR ALL OTHER SHIPMENTS OF HONEY 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. 5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER PROTECTION ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 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. 6. 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 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 FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE. 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 O9: AN). 8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA