MESSAGE NO: 3104111 DATE: 04 14 1993
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 122 - 401 - -
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PERIOD COVERED: 06 01 1990 TO 05 31 1991

LIQ SUSPENSION DATE:

TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: LIQUIDATION INSTRUCTIONS ON RED RASPBERRIES FROM CANADA
SOLD BY B.C. BLUEBERRY, CLEARBROOK PACKERS, MUKHTIAR
AND SONS, MARCO ESTATES, LANDGROW, AND VALLEY BERRIES

1. THE DEPARTMENT OF COMMERCE HAS COMPLETED ITS ADMINISTRATIVE
REVIEW OF THE ANTIDUMPING DUTY ORDER ON RED RASPBERRIES FROM
CANADA (A-122-401) FOR THE JUNE 1, 1990 THROUGH MAY 31, 1991
PERIOD AND PUBLISHED THE FINAL RESULTS IN THE FEDERAL
REGISTER ON NOVEMBER 3, 1992 (57 FR 49686).

2. ACCORDINGLY, ALL SHIPMENTS OF RED RASPBERRIES FROM CANADA
SOLD BY B.C. BLUEBERRY (A-122-401-010), CLEARBROOK PACKERS
(A-122-401-005), OR MUKHTIAR AND SONS (A-122-401-002), WHICH
ENTERED DURING THE PERIOD JUNE 1, 1990 THROUGH MAY 31, 1991
SHOULD BE LIQUIDATED WITHOUT REGARD TO ANTIDUMPING DUTIES.
YOU MAY APPRAISE THESE SHIPMENTS AND LIQUIDATE THE APPLICABLE
ENTRIES BY STAMPING EACH INVOICE WITH THE WORDING "NO DUMPING
DUTIES DUE." ALL SHIPMENTS OF RED RASPBERRIES FROM CANADA
SOLD BY MARCO ESTATES (A-122-401-006), LANDGROW
(A-122-401-015) AND VALLEY BERRIES (A-122-401-012), ENTERED
DURING THE PERIOD JUNE 1, 1990 THROUGH MAY 31, 1991 SHOULD BE
LIQUIDATED AND ANTIDUMPING DUTIES ASSESSED AT THE RATE OF
22.76 PERCENT OF THE ENTERED OR APPRAISED VALUE, WHICHEVER IS
HIGHER.

3. IN ACCORDANCE WITH C.I.E. N-15/18 DATED APRIL 21, 1988,
REPORT TO CUSTOMS SERVICE HEADQUARTERS ANY DUMPING DUTIES
DUE. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS
SERVICE IS SUBJECT TO THE PROVISION OF SECTION 778 OF THE
TARIFF ACT, WHICH REQUIRES INTEREST ON OVERPAYMENTS OR
UNDERPAYMENTS OF THE AMOUNTS DEPOSITED AS ESTIMATED DUMPING
DUTIES. 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. INTEREST SHALL BE CALCULATED
FROM THE DATE OF PAYMENT OF ESTIMATED DUTIES THROUGH THE DATE
OF LIQUIDATION.

4. IMMEDIATELY FORWARD TO CUSTOMS SERVICE HEADQUARTERS ANY
INFORMATION ON FILE WHICH MIGHT AFFECT THE APPRAISED VALUES
UNDER THE ANTIDUMPING PROVISIONS, WITH AN EXPLANATION OF THE
CIRCUMSTANCES UNDER WHICH IT WAS RECEIVED. IN SUCH A CASE,
SUSPEND LIQUIDATION OF AFFECTED ENTRIES UNTIL A DECISION IS
MADE CONCERNING THE APPLICABILITY OF THE ADDITIONAL
INFORMATION.

5. WHENEVER THE USE OF THE ATTACHED INFORMATION RESULTS IN THE
ASSESSMENT OF ANTIDUMPING DUTIES, REQUIRE OF THE IMPORTER,
PRIOR TO LIQUIDATION, THE REIMBURSEMENT STATEMENT DESCRIBED
IN SECTION 353.26 OF THE COMMERCE REGULATIONS. IMPORTERS
WERE ADVISED OF THIS REQUIREMENT WHEN THE FINAL RESULTS OF
THE ADMINISTRATIVE REVIEW WERE PUBLISHED IN THE FEDERAL
REGISTER. COMMERCE HAS AUTHORIZED CUSTOMS TO DOUBLE THE
ANTIDUMPING DUTIES IF THE IMPORTER FAILS TO PROVIDE THE
REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION.

6. YOU MAY RELEASE APPRAISED VALUES TO THE INDIVIDUAL IMPORTER
CONCERNED OR HIS AUTHORIZED REPRESENTATIVE. YOU MAY NOT
RELEASE ANY DETAILS OF THE CALCULATIONS OF APPRAISED VALUES
WITHOUT AUTHORIZATION OF CUSTOMS SERVICE HEADQUARTERS.

7. EFFECTIVE AS OF THE DATE OF ISSUANCE OF THIS MASTER LIST, YOU
SHOULD NO LONGER SUSPEND LIQUIDATION OF ENTRIES COVERED BY
THESE INSTRUCTIONS FOR DUMPING PURPOSES AND YOU SHOULD
PROCEED WITH LIQUIDATION ACCORDINGLY.

8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT THE IMPORT SPECIALIST DIVISION,
OTHER AGENCY BRANCH BY E-MAIL TO ATTRIBUTE "HQ OAB". THE
IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT
THE OFFICE OF COUNTERVAILING COMPLIANCE, IMPORT
ADMINISTRATION, DEPARTMENT OF COMMERCE (202) 482-2786.

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



NANCY MCTIERNAN