LIQUIDATION INSTRUCTIONS FOR HONEY FROM CHINA EXPORTED UNDER THE PRC-WIDE ENTITY CASE NUMBER (A-570-863-000) (EXCEPT THOSE SUBJECT TO INJ. IN MESSAGE 3078201)

MESSAGE NO: 8222204 DATE: 08 08 2008 CATEGORY: ADA TYPE: LIQ REFERENCE: 3078201 REFERENCE DATE: 03 19 2003 CASES: A - 570 - 863 - - - - - - - - - - PERIOD COVERED: 12 01 2005 TO 11 30 2006 LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: LIQUIDATION INSTRUCTIONS FOR HONEY FROM CHINA EXPORTED UNDER THE PRC-WIDE ENTITY CASE NUMBER (A-570-863-000) (EXCEPT THOSE SUBJECT TO INJ. IN MESSAGE 3078201) 1. FOR ALL SHIPMENTS OF HONEY FROM THE PEOPLES REPUBLIC OF CHINA EXPORTED BY THE ENTITY LISTED BELOW, ENTERED, OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION, DURING THE PERIOD 12/01/2005 THROUGH 11/30/2006, ASSESS AN ANTIDUMPING LIABILITY EQUAL TO $2.06 PER UNIT FOR EACH UNIT OF THE SUBJECT MERCHANDISE, AS LISTED BELOW. EXPORTER CUSTOMS ID# NME-WIDE RATE PRC-WIDE ENTITY A-570-863-000 $2.06/KILOGRAM 2. IN ASSESSING THE FINAL ANTIDUMPING DUTIES FOR SHIPMENTS MADE BY THE ENTITIES DESCRIBED ABOVE IN PARAGRAPH 1, PLEASE BE ADVISED THAT ANY ENTRIES OF HONEY FROM THE PEOPLES 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. MESSAGE NUMBER 3078201, SENT MARCH 19, 2003, NOTIFIED THE U.S. CUSTOMS AND BORDER PROTECTION (CBP) OF THIS INJUNCTION COVERING THE ANTIDUMPING DUTY ORDER AND INSTRUCTED THE CBP NOT TO LIQUIDATE CERTAIN ENTRIES IMPORTED. ACCORDINGLY, UNTIL FURTHER NOTICE, DO NOT LIQUIDATE SUCH ENTRIES OF SUBJECT MERCHANDISE EXPORTED BY THE ENTITIES DESCRIBED ABOVE IN PARAGRAPH 1 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., D.F. INTERNATIONAL (USA) INC., EVERGREEN COYLE GROUP, INC., EVERGREEN PRODUCE, INC. 3. NOTICE OF THE LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 12/01/2005 THROUGH 11/30/2006 OCCURRED WITH THE PUBLICATION OF THE FINAL RESULTS OF ADMINISTRATIVE REVIEW (73 FR 42321, 7/21/2008). FOR ALL OTHER SHIPMENTS OF HONEY FROM THE PEOPLES REPUBLIC OF CHINA YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT CASH DEPOSIT RATE OR PER-UNIT AMOUNTS. 4. 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. 5. 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 MANUFACTURER, PRODUCER, SELLER, OR 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 PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CBP SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE. 6. 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 OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR (202) 482-3577 RESPECTIVELY (GENERATED BY O9:SSP). 7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE. DAVID M.GENOVESE