AD/CVD message 1201301 - LIQUIDATION INSTRUCTIONS FOR FRESH GARLIC FROM CHINA EXPORTED BY PRC-WIDE ENTITY FOR PERIOD 11/01/2008 THROUGH 10/31/2009 (A-570-831)

1201301
Jul 20, 2011
Active

Effective Date: Jun 27, 2011

Period of Review: Nov 01, 2008 to Oct 31, 2009

Notice of Lifting of Suspension Date: Jun 27, 2011

Cite as: 76 FR 37321 • Cite date: Jun 27, 2011

Category: Antidumping • Type: Liquidation Instructions • Sub type: ADRV-Administrative Review • Reference messages: 0319304 1161302 1161303 1172304 • Cases: A-570-831

1. FOR ALL SHIPMENTS OF FRESH GARLIC FROM CHINA EXPORTED BY THE PRC-WIDE ENTITY (A-570-831-000) ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 11/01/2008 THROUGH 10/31/2009, ASSESS AN ANTIDUMPING LIABILITY EQUAL TO $4.71 FOR EACH KILOGRAM OF SUBJECT MERCHANDISE.

2. IN THE DEPARTMENT'S FINAL RESULTS (76 FR 37321, 06/27/2011), THE DEPARTMENT DETERMINED THAT THE FOLLOWING EXPORTERS OR MANUFACTURERS ARE NO LONGER ELIGIBLE FOR A SEPARATE RATE AND ARE CONSIDERED PART OF THE PRC-WIDE ENTITY:

MANUFACTURER: TAIAN FOOK HUAT TONG KEE FOODSTUFFS CO., LTD.
CASE NUMBER: A-570-831-005

EXPORTER: LINSHU DADING PRIVATE AGRICULTURAL PRODUCTS CO.
MANUFACTURER: JINXING JINDA AGRICULTURE INDUSTRIAL & TRADING CO.
CASE NUMBER: A-570-831-013

MANUFACTURER: ANQIU FRIEND FOOD CO., LTD.
CASE NUMBER: A-570-831-027

MANUFACTURER: WEIFANG SHENNONG FOODSTUFF CO., LTD.
CASE NUMBER: A-570-831-028

MANUFACTURER: LINSHU DADING PRIVATE AGRICULTURAL PRODUCTS CO.
CASE NUMBER: A-570-831-029

MANUFACTURER: XUZHOU SIMPLE GARLIC INDUSTRY CO., LTD.
CASE NUMBER: A-570-831-034

EXPORTER: SHANDONG WONDERLAND ORGANIC FOOD CO., LTD.
MANUFACTURER: SHANDONG WONDERLAND ORGANIC FOOD CO., LTD.
CASE NUMBER: A-570-831-036

EXPORTER: JINXIANG TIANMA FREEZING STORAGE CO., LTD.
MANUFACTURER: JINXIANG TIANMA FREEZING STORAGE CO., LTD.
CASE NUMBER: A-570-831-037

EXPORTER: CHENGWU COUNTY YU ANXIANG INDUSTRY & COMMERCE CO.
MANUFACTURER: CHENGWU COUNTY YU ANXIANG INDUSTRY & COMMERCE CO.
CASE NUMBER: A-570-831-048

THEREFORE, ENTRIES OF FRESH GARLIC EXPORTED BY THE FIRMS LISTED IN THIS PARAGRAPH, ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 11/01/2008 THROUGH 10/31/2009, SHOULD BE LIQUIDATED IN ACCORDANCE WITH THE ASSESSMENT INSTRUCTIONS LISTED IN PARAGRAPH 1 ABOVE FOR THE PRC-WIDE ENTITY.

3. IN THE DEPARTMENT'S FINAL RESULTS OF ADMINISTRATIVE REVIEW FOR THE PERIOD 11/01/2007 THROUGH 10/31/2008 (75 FR 34967, 06/21/2010), THE DEPARTMENT DETERMINED THAT THE FOLLOWING EXPORTERS OR MANUFACTURERS WERE NO LONGER ELIGIBLE FOR A SEPARATE RATE AND WERE CONSIDERED PART OF THE PRC-WIDE ENTITY (SEE MESSAGE 0193303, DATED 7/12/2010). HOWEVER, ENTRIES MAY HAVE CONTINUED TO ENTER UNDER THE CASE NUMBERS LISTED ABOVE DURING 11/01/2008 THROUGH 10/31/2009 PERIOD.

MANUFACTURER: HEZE EVER-BEST INTERNATIONAL TRADE CO., LTD.
CASE NUMBER: A-570-831-004

MANUFACTURER: SHANGHAI EVER RICH TRADE COMPANY
CASE NUMBER: A-570-831-012

EXPORTER: TAIAN ZIYANG FOOD COMPANY LTD.
MANUFACTURER: TAIAN ZIYANG FOOD COMPANY LTD.
CASE NUMBER: A-570-831-018

MANUFACTURER: JINXIANG SHANYANG FREEZING STORAGE CO., LTD.
CASE NUMBER: A-570-831-019

MANUFACTURER: SHENZHEN FANHUI IMPORT & EXPORT CO., LTD.
CASE NUMBER: A-570-831-025

MANUFACTURER: QUFU DONGBAO IMPORT & EXPORT TRADE CO., LTD.
CASE NUMBER: A-570-831-026

MANUFACTURER: QINGDAO SATURN INTERNATIONAL TRADE CO., LTD.
CASE NUMBER: A-570-831-031

EXPORTER: SHENZHEN GREENING TRADING CO., LTD.
MANUFACTURER: SHENZHEN GREENING TRADING CO.
CASE NUMBER: A-570-831-043

4. THE NOTICE OF LIFTING OF SUSPENSION OF LIQUIDATION FOR ENTRIES OF SUBJECT MERCHANDISE DURING THE PERIOD 11/01/2008 THROUGH 10/31/2009 OCCURRED WITH THE PUBLICATION OF THE FINAL RESULTS OF ADMINISTRATIVE REVIEW (76 FR 37321, 06/27/2011). FOR ALL OTHER SHIPMENTS OF FRESH GARLIC FROM CHINA, YOU SHALL, UNLESS OTHERWISE INSTRUCTED, CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT CASH DEPOSIT RATES OR PER-UNIT AMOUNTS.

5. THE INJUNCTION WITH COURT NUMBER 10-00304, IN MESSAGE NUMBER 0319304, DATED 11/15/2010, IS APPLICABLE TO THE ENTRIES EXPORTED BY QINGDAO SEA-LINE INTERNATIONAL TRADING CO. LTD. (AKA QINGDAO SEA-LINE TRADING CO. LTD.)(A-570-831-000) AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 11/01/2008 THROUGH 04/30/2009. ACCORDINGLY, UNTIL FURTHER NOTICE, CONTINUE TO SUSPEND LIQUIDATION OF THESE ENTRIES UNTIL LIQUIDATION INSTRUCTIONS ARE PROVIDED.

6. THE INJUNCTION WITH COURT NUMBER 11-00145, IN MESSAGE NUMBER 1161302, DATED 06/10/2011, IS APPLICABLE TO THE ENTRIES PRODUCED AND EXPORTED BY JINXIANG YUANXIN IMP & EXP CO., LTD. (A-570-831-000) AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 11/01/2008 THROUGH 10/31/2009. ACCORDINGLY, UNTIL FURTHER NOTICE, CONTINUE TO SUSPEND LIQUIDATION OF THESE ENTRIES UNTIL LIQUIDATION INSTRUCTIONS ARE PROVIDED.

7. THE INJUNCTION WITH COURT NUMBER 11-00144, IN MESSAGE NUMBER 1161303, DATED 06/10/2011, IS APPLICABLE TO THE ENTRIES PRODUCED AND EXPORTED BY JINXIANG CHENGDA IMP & EXP CO., LTD. (A-570-831-000) AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 11/01/2008 THROUGH 10/31/2009. ACCORDINGLY, UNTIL FURTHER NOTICE, CONTINUE TO SUSPEND LIQUIDATION OF THESE ENTRIES UNTIL LIQUIDATION INSTRUCTIONS ARE PROVIDED.

8. THE INJUNCTION WITH COURT NUMBER 11-00139, IN MESSAGE NUMBER 1172304, DATED 06/21/2011, IS APPLICABLE TO THE ENTRIES PRODUCED AND EXPORTED BY ZHENGZHOU HUACHAO INDUSTRIAL CO., LTD.(A-570-831-000) AND ENTERED, OR WITHDRAW FROM WAREHOUSE, FOR CONSUMPTION DURING THE PERIOD 11/01/2008 THROUGH 10/31/2009. ACCORDINGLY, UNTIL FURTHER NOTICE, CONTINUE TO SUSPEND LIQUIDATION OF THESE ENTRIES UNTIL LIQUIDATION INSTRUCTIONS ARE PROVIDED.

9. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CBP ON SHIPMENTS OR 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 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.

10. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED IN SECTION 351.402(F)(2) OF COMMERCE'S 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.

11. 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 THE 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 O6: LW).

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

MICHAEL B. WALSH