MESSAGE NO: 3300215 DATE: 10 27 2003
CATEGORY: CVD TYPE: FIN
REFERENCE: REFERENCE DATE:
CASES: C - 122 - 848 - -
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PERIOD COVERED: 09 05 2003 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: FINAL DETERMINATION IN THE COUNTERVAILING DUTY
INVESTIGATION OF CERTAIN HARD RED SPRING WHEAT FROM
CANADA (C-122-848)


1. ON SEPTEMBER 5, 2003, THE DEPARTMENT OF COMMERCE PUBLISHED
IN THE FEDERAL REGISTER ITS FINAL AFFIRMATIVE DETERMINATION IN
THE COUNTERVAILING DUTY INVESTIGATION OF CERTAIN HARD RED SPRING
WHEAT FROM CANADA (68 FR 52747).

2. THE SCOPE OF THIS INVESTIGATION INCLUDES HARD RED SPRING
WHEAT. IMPORTS COVERED BY THIS INVESTIGATION ARE ALL VARIETIES
OF HARD RED SPRING WHEAT FROM CANADA. THIS INCLUDES, BUT IS NOT
LIMITED TO, VARIETIES COMMONLY REFERRED TO AS CANADA WESTERN RED
SPRING, CANADA WESTERN EXTRA STRONG, AND CANADA PRAIRIE SPRING
RED. THE MERCHANDISE SUBJECT TO THIS INVESTIGATION IS TYPICALLY
CLASSIFIED IN THE FOLLOWING HTSUS SUBHEADINGS: 1001.90.10.00,
1001.90.20.05, 1001.90.20.11, 1001.90.20.12, 1001.90.20.13,
1001.90.20.14, 1001.90.20.16, 1001.90.20.19, 1001.90.20.21,
1001.90.20.22, 1001.90.20.23, 1001.90.20.24, 1001.90.20.26,
1001.90.20.29, 1001.90.20.35, AND 1001.90.20.96. THIS
INVESTIGATION DOES NOT COVER IMPORTS OF WHEAT THAT ENTER UNDER
SUBHEADINGS 1001.90.10.00 AND 1001.90.20.96 THAT ARE NOT
CLASSIFIABLE AS HARD RED SPRING WHEAT.

ALTHOUGH THE HTSUS SUBHEADINGS PROVIDED FOR HARD RED SPRING
WHEAT ARE FOR CONVENIENCE AND U.S. CUSTOMS AND BORDER PROTECTION
PURPOSES, OUR WRITTEN DESCRIPTION OF THE SCOPE OF THIS
PROCEEDING IS DISPOSITIVE.

3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER C-122-848.
4. IN MESSAGE NUMBER 3183202 DATED JULY 2, 2003 THE DEPARTMENT
OF COMMERCE TERMINATED THE SUSPENSION OF HARD RED SPRING WHEAT
FROM CANADA EFFECTIVE JULY 8, 2003. FOR IMPORTS OF HARD RED
SPRING WHEAT FROM CANADA, U.S. CUSTOMS AND BORDER PROTECTION
SHALL RESUME SUSPENSION OF LIQUIDATION OF SUCH SHIPMENTS ENTERED
OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION ON OR AFTER
SEPTEMBER 5, 2003.

EFFECTIVE SEPTEMBER 5, 2003, THE U.S. CUSTOMS AND BORDER
PROTECTION SHALL REQUIRE, FOR SUCH ENTRIES, A CASH DEPOSIT OR
THE POSTING OF A BOND EQUAL TO THE RATES SHOWN BELOW:

MANUFACTURER/PRODUCER/ CUSTOMS ID AD VALOREM
EXPORTER NUMBER RATE

CANADIAN WHEAT BOARD C-122-848-001 5.29 PERCENT
ALL OTHERS A-122-848-000 5.29 PERCENT

5. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION U.S.
CUSTOMS AND BORDER PROTECTION, U.S. CUSTOMS AND BORDER
PROTECTION OFFICERS MAY ACCEPT EITHER A SINGLE-ENTRY BASIC
IMPORTATION AND ENTRY BOND OR A CONTINUOUS BASIC IMPORTATION AND
ENTRY BOND ONLY IF THE AMOUNT OF THE ESTIMATED COUNTERVAILING
DUTY IS LESS THAN FIVE PERCENT AD VALOREM (OR THE EQUIVALENT).
OTHERWISE, WHERE THE IMPORTER HAS THE OPTION TO POST A BOND FOR
ESTIMATED COUNTERVAILING DUTIES, U.S. CUSTOMS AND BORDER
PROTECTION OFFICERS MUST REQUIRE A SINGLE-ENTRY BASIC
IMPORTATION AND ENTRY BOND PURSUANT TO T.D. 85-145. YOU ARE
INSTRUCTED TO ADHERE TO THE REQUIREMENTS OF T.D. 85-145 WITH
RESPECT TO THESE BONDING REQUIREMENTS.
6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY U.S.
CUSTOMS AND BORDER PROTECTION OFFICERS, THE IMPORTING PUBLIC OR
INTERESTED PARTIES, PLEASE CONTACT DAVINA HASHMI AT OFFICE OF
AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
(GENERATED BY G1O1:ART).

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

CATHY SAUCEDA