MESSAGE NO: 4174204 DATE: 06 22 2004
CATEGORY: ADA TYPE: LIQ
REFERENCE: 3301201 REFERENCE DATE: 10 28 2003
CASES: A - 122 - 847 - -
- - - -
- - - -

PERIOD COVERED: 06 22 2004 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION OF ENTRIES OF WHEAT FROM CANADA THAT ARE
NOT COVERED BY THE SCOPE OF THE CERTAIN HARD RED SPRING
WHEAT FROM CANADA (A-122-847).

1. THE SCOPE OF THE DEPARTMENT OF COMMERCE AMENDED FINAL
DETERMINATION (SEE MESSAGE 3301201 DATED 10/28/2003) AND
ANTIDUMPING DUTY ORDER (SEE MESSAGE 3297205 DATED 10/24/2003) IN
THE ANTIDUMPING DUTY INVESTIGATION OF CERTAIN HARD RED SPRING
WHEAT FROM CANADA (A-122-847) STATES THAT THE SCOPE OF 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.

2. THEREFORE, EFFECTIVE IMMEDIATELY, U.S. CUSTOMS AND BORDER
PROTECTION SHALL REFUND ANY CASH DEPOSITS AND RELEASE ANY BONDS
RELATING TO IMPORTS FROM ALL FIRMS OF WHEAT THAT ENTERED UNDER
SUBHEADINGS 1001.90.10.00 AND 1001.90.20.96 THAT ARE NOT
CLASSIFIABLE AS HARD RED SPRING WHEAT.

3. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE U.S. CUSTOMS AND
BORDER PROTECTION ("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 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.

4. 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:JHS).

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


CATHY SAUCEDA