• Period Covered: 05/01/1993 to 04/30/1994

MESSAGE NO: 0175203 DATE: 06 23 2000
CATEGORY: ADA TYPE: ADL
REFERENCE: REFERENCE DATE:
CASES: A - 351 - 605 - -
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PERIOD COVERED: 05 01 1993 TO 04 30 1994

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: NOTIFICATION OF ANTIDUMPING ADMINISTRATIVE REVIEW OF
ANTIUDMPING DUTY ORDER ON FROZEN CONCENTRATED ORANGE
JICE FROM BRAZIL (A-351-605)

1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER ON
FROZEN CONCENTRATED ORANGE JUICE FROM BRAZIL (A-351-605) COVERING
THE PERIOD 05/01/1993 THROUGH 04/30/1994 HAS BEEN TERMINATED IN
PART AT TEH REQUEST OF CITROVITA AGRO INDUSTRIAL LTDA. THIS PART
AT THE REQUEST OF CITROVITA AGRO INDUSTRIAL LTDA. THIS NOTICE OF
TERMINATION WAS PUBLISHED IN THE FEDERAL REGISTER ON 01/14/1998.
YOU ARE TO ASSESS ANTIDUMPING DUTIES ON FROZEN CONCENTRATED
ORANGE JUICE PRODUCED BY CITROVITA AGRO INDUSTRIAL LTDA. ENTERED,
OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD OF
05/01/1993 THROUGH 04/30/1994 FOR THE CASH DEPOSIT OR BONDING
RATE REQUIRED AT THE TIME OF ENTRY.

2. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR MERCHANDISE AND PERIOD
LISTED ABOVE. YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS FOR
CITROVITA AGRO INDUSTRIAL LTDA. OF ESTIMATED ANTIDUMPING DUTIES
FOR THE MERCHANDISE AT 1.96%.

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. SECTION 778 REQUIRES THAT
CUSTOMS PAY INTEREST ON OVERPAYMENTS AND ASSESS INTEREST ON
UNDERPAYMENTS OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED
ANTIDUMPING DUTIES BEFORE THE DATE OF PUBLICATION OF THE
ANTIDUMPING DUTY ORDER. INTEREST SHALL BE CALCULATED FROM THE
DATE OF PAYMENT OF THE ESTIMATED ANTIDUMPING DUTIES 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 OF1954 FOR SUCH PERIOD.

4.ON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD REQUIRE
THAT THE IMPORTERPROVIDE 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 HAS AN AGREEMENT WITH
THE EXPORTER TO BE REIMBURSED DUTIES, CUSTOMS SHOULD DOUBLE THE
ANTIDUMPING DUTIES IN ACCORDANCE WITH THE ABOVE-REFERENCED
REGULATION. ADDITIONALLY, IF THE IMPORTER DOES NOT RESPOND TO
YOUR FORMAL REQUEST (VIA CF 28 OR 29) FOR THE REIMBURSEMENT
STATEMENT PRIOR TO LIQUIDATION, CUSTOMS SHOULD PRESUME
REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE.

5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING THE
ATTRIBUTE "HQ OAB." IMPORTING PUBLIC AND OTHER INTERESTED PARTIES
SHOULD CONTACT SHAWN THOMPSON AT 202-482-1776, AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.

6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

PAUL SCHWARTZ