LIQUIDATION INSTRUCTIONS FOR RESCINDED NEW SHIPPER REVIEWS FOR QINGDAO AOLAN TRADE CO. AND HANGZHOU GOLDEN HARVEST HEALTH INDSUTRY CO.,LTD. (A-570-863)

MESSAGE NO: 6304202 DATE: 10 31 2006 CATEGORY: ADA TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: A - 570 - 863 - - - - - - - - - - PERIOD COVERED: 12 01 2005 TO 06 30 2006 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: LIQUIDATION INSTRUCTIONS FOR RESCINDED NEW SHIPPER REVIEWS FOR QINGDAO AOLAN TRADE CO. AND HANGZHOU GOLDEN HARVEST HEALTH INDSUTRY CO.,LTD. (A-570-863) 1. ON JULY 31, 2006, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER A NOTICE ANNOUNCING THE INITIATION OF A NEW SHIPPER REVIEW OF THEANTIDUMPING DUTY ORDER ON HONEY FROM THE PRC FOR QINGDAO AOLAN TRADE CO., LTD., AND HANGZHOU GOLDEN HARVEST HEALTH INDUSTRYCO., LTD., COVERING THE PERIOD 12/01/2005 THROUGH 06/30/2006 (71FR 43108). 2. UPON INITIATION OF THESE NEW SHIPPER REVIEWS, COMMERCE ASSIGNED QINGDAO AOLAN TRADE CO., LTD., AND HANGZHOU GOLDEN HARVEST HEALTH INDUSTRY CO., LTD., THEIR OWN CASE NUMBERS IN THE AD/CVD MODULE, SPECIFICALLY A-570-863-027 AND A-570-863-028, WITH A CASH-DEPOSIT RATE OF 212.39 PERCENT, THE PRC-WIDE RATE. ON OCTOBER 23, 2006, COMMERCE RESCINDED THE NEW SHIPPER REVIEWS OF QINGDAO AOLAN TRADE CO., LTD., AND HANGZHOU GOLDEN HARVEST HEALTH INDUSTRY CO., LTD. (71 FR 62081). 3. THEREFORE, FOR SHIPMENTS OF HONEY FROM THE PRC PRODUCED AND EXPORTED BY QINGDAO AOLAN TRADE CO., LTD., AND PRODUCED AND EXPORTED BY HANGZHOU GOLDEN HARVEST HEALTH INDUSTRY CO., LTD., AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 10/23/2006, THE CASH-DEPOSIT RATE IS THE PRC-WIDE RATE OF 212.39 PERCENT. 4. IN ACCORDANCE WITH 19 CFR 351.212(c), FOR SHIPMENTS OF HONEY FROM THE PRC PRODUCED AND EXPORTED BY QINGDAO AOLAN TRADE CO., LTD., AND PRODUCED AND EXPORTED BY HANGZHOU GOLDEN HARVEST HEALTH INDUSTRY CO, LTD., AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 12/01/2005 THROUGH 06/30/2006, YOU ARE TO ASSESS ANTIDUMPINGDUTIES AT THE CASH-DEPOSIT RATE REQUIRED AT THE TIME OF ENTRY. 5. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF THE MERCHANDISE FOR THE PERIOD LISTED ABOVE OCCURRED ON 10/23/2006, WITH THE PUBLICATION OF THE RESCISSION OF THE NEW SHIPPER REVIEWS IN THE FEDERAL REGISTER (71 FR 62081). YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES. 6. 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 OR ASSESSINTEREST ON UNDERPAYMENTS OF THE REQUIRED AMOUNTS DEPOSITED ASESTIMATED ANTIDUMPING DUTIES. THE INTEREST PROVISIONS ARE NOTAPPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED ANTIDUMPINGDUTIES BEFORE THE DATE OF PUBLICATION OF THE ANTIDUMPING DUTYORDER. INTEREST SHALL BE CALCULATED FROM THE DATE OF PAYMENT OFESTIMATED ANTIDUMPING DUTIES THROUGH THE DATE OF LIQUIDATION. THE RATE AT WHICH SUCH INTEREST IS PAYABLE IS THE RATE INEFFECT UNDER SECTION 6621 OF THE INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD. 7. 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 ITHAS 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 FORMALREQUEST FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION,CBP SHOULDPRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPINGDUTIES DUE. 8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP OFFICERS,THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE CONTACT DAVINAHASHMI 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 BYO9:CB). 9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. CATHY SAUCEDA