LIQUIDATION INSTRUCTIONS FOR CERTAIN PASTA FROM ITALY PRODUCED BY THE PASTIFICIO ANTONIO PALLANTE S.R.L. AND MOLISANE S.R.L. (A-475-818-033 AND 047 RESPECTIVELY)

MESSAGE NO: 6027202 DATE: 01 27 2006 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 475 - 818 - - - - - - - - - - PERIOD COVERED: 07 01 2003 TO 06 30 2004 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: LIQUIDATION INSTRUCTIONS FOR CERTAIN PASTA FROM ITALY PRODUCED BY THE PASTIFICIO ANTONIO PALLANTE S.R.L. AND MOLISANE S.R.L. (A-475-818-033 AND 047 RESPECTIVELY) 1. FOR ALL SHIPMENTS OF CERTAIN PASTA FROM ITALY PRODUCED BY PASTIFICIO ANTONIO PALLANTE S.R.L. (A-475-818-033) ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD 07/01/2003 THROUGH 06/30/2004, LIQUIDATE WITHOUT REGARD TO ANTIDUMPING DUTIES. FURTHERMORE, PASTIFICIO ANTONIO PALLANTE S.R.L. IS NO LONGER AFFILIATED WITH INDUSTRIE ALIMENTARI MOLISANE S.R.L. AS OF 02/01/2004. THEREFORE, ALL SHIPMENTS OF CERTAIN PASTA FROM ITALY PRODUCED BY INDUSTRIE ALIMENTARI MOLISANE S.R.L. (A-475-818-047) SHOULD BE LIQUIDATED AT THE CASH DEPOSIT RATE IN EFFECT ON THE DATE ENTRY FOR THE PERIOD 07/01/2003 THROUGH 06/30/2004. 2. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND PERIOD LISTED ABOVE. FOR ALL OTHER SHIPMENTS OF CERTAIN PASTA FROM ITALY YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES. 3. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930, AS AMENDED. SECTION 778 REQUIRES THAT CUSTOMS PAYS INTEREST ON OVERPAYMENTS AND ASSESS INTEREST ON UNDERPAYMENTS OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED DUMPING 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 LIQUIDATIONS. 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. 4. 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 INCREASE THE ANTIDUMPING DUTIES BY THE AMOUNT OF ANTIDUMPING DUTIES REIMBURSED 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 INCREASE THE ANTIDUMPING DUTIES BY THE AMOUNT OF ANTIDUMPING DUTIES REIMBURSED. 5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS, THE IMPORTING PUBLIC, OR INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHIMI OR RON TRENTHAM AT OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, (202) 482-0984 OR (202) 482-3577 RESPECTIVELY. (GENERATED BY O3:DM). 6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA