• Period Covered: 04/01/1993 to 03/31/1994

MESSAGE NO: 0264203 DATE: 09 20 2000
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 403 - 801 - -
- - - -
- - - -

PERIOD COVERED: 04 01 1993 TO 03 31 1994

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: LIQ INSTRUCTIONS FOR FRESH AND CHILLED ATLANTIC SALMON
FROM NORWAY (A-403-801)


1. THE COMMERCE DEPARTMENT HAS COMPLETED ITS REVIEW OF THE
ANTIDUMPING DUTY ORDER ON FRESH AND CHILLED ATLANTIC SALMON FROM
NORWAY (A-403-801) MANUFACTURED AND EXPORTED BY THE VARIOUS
COMPANIES LISTED BELOW ENTERED OR WITHDRAWN FROM WAREHOUSE FOR
CONSUMPTION DURING THE PERIOD 4/01/1993 THROUGH 03/31/1994

2. INFORMATION PROVIDED TO THE COMMERCE DEPARTMENT INDICATES
THAT THESE COMPANIES LISTED BELOW DID NOT EXPORT SUBJECT
MERCHANDISE TO THE UNITED STATES DURING THE PERIOD 4/01/1993
THROUGH 03/31/1994. THIS NOTICE IS PROVIDED FOR CONTINUITY AND
COMPLETENESS OF THE RECORD OF THIS PROCEEDING. THE COMPANIES ARE
AS FOLLOWS:

MANUFACTURER/EXPORTER COMPANY NUMBER

ABA A/S A-403-801-088
ARTIC PRODUCTS NORWAY A/S A-403-801-090
BRODRENE SIREVAG A/S A-403-801-016
COCOON LTD. A/S A-403-801-086
DELFA NORGE A/S A-403-801-091
IMPERATOR DE NORVEGIA A-403-801-095
MORE SEAFOOD A/S A-403-801-048
NILS WILLKSEN A/S A-403-801-096
NORTH CAPE FISH A/S A-403-801-097
FJORD TRADING LTD. A/S A-403-801-092
HARALD MOWINCKEL A/S A-403-801-094
OLSEN KVALHEIM A/S A-403-801-099
SEKKINGSTAD A/S A-403-801-100
TIMAR SEAFOOD A/S A-403-801-101
WEST FISH LTD. A/S A-403-801-103
DELMAR A/S A-403-801-109
DELI-NOR A/S A-403-801-106

3. IF CUSTOMS OFFICERS ARE HOLDING ANY ENTRIES FOR THIS PERIOD
ASSESS ANTIDUMPING DUTIES ON MERCHANDISE ENTERED OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH DEPOSIT OR BONDING
RATE IN EFFECT AT THE TIME OF ENTRY.

4. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIOD LISTED ABOVE.

5. 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 PAYS INTEREST ON OVERPAYMENTS AND ASSESS INTEREST ON
UNDER PAYMENTS, 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,
04/12/1991. INTEREST SHALL BE CALCULATED FROM THE DATE OF
PAYMENT OF 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 OF
1954 FOR SUCH PERIOD.

6. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS 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, 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.

7. IF THERE ARE ANY QUESTIONS REGARDING THE CORRECT CASH
DEPOSIT OR BONDING RATE BY CUSTOMS OFFICERS, CONTACT RONALD
TRENTHAM AT 202-482-6320, AD/CVD ENFORCEMENT, GROUP 2, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, DEPARTMENT
OF COMMERCE.

8. FOR ALL OTHER 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 INTERESTED
PARTIES SHOULD CONTACT JACK DULBERGER AT 202-482-5505, AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.

9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS E-MAIL
MESSAGE.




PAUL SCHWARTZ